Procedure tegen Duitsland wegens bescherming merk "Parmigiano Reggiano" (en)
The European Commission has sent a final written warning (reasoned opinion) to the German Government over failure to apply to the name "Parmigiano Reggiano" the Union's legislation on protected designations of origin (PDO). It calls on Germany to give full protection to this PDO within its territory. Use of the name, registered at Union level since 1996, is by law exclusively reserved to producers within a delimited geographical area in Italy who make the cheese in line with a binding specification.
Under the European legislation on protected designations of origin (PDO) and protected geographical indications (PGI)(1), Member States are required to protect registered names against any misuse, imitation or evocation, even if the true origin of the product is indicated or the name is translated. "Parmigiano Reggiano" has been registered as a protected name since 1996(2).
Cheeses not made in line with the "Parmigiano Reggiano" specification continue to be sold in German territory under the name "Parmesan", which in the eyes of the Commission is a translation through French of "Parmigiano Reggiano", as is shown by published material dating from 1516 to the present time and by other elements underscoring the indissoluble link between the two names.
The Commission opened the infringement procedure last October by sending Germany a letter of formal notice. A reply in December gave no commitment to conform with the Community PDO and PGI legislation where "Parmigiano Reggiano" ;was concerned. The Commission now calls on Germany to take whatever action is needed to conform with the reasoned opinion within two months.
Legal Process
Article 226 of the Treaty gives the Commission powers to take legal action against a Member State that is not respecting its obligations. If the Commission considers that there may be an infringement of EU law that warrants the opening of an infringement procedure, it addresses a "Letter of Formal Notice" (first written warning) to the Member State concerned, requesting it to submit its observations by a specified date, usually two months.
In the light of the reply or absence of a reply from the Member State concerned, the Commission may decide to address a "Reasoned Opinion" (final written warning) to the Member State. This clearly and definitively sets out the reasons why it considers there to have been an infringement of EU law and calls upon the Member State to comply within a specified period, usually two months.
If the Member State fails to comply with the Reasoned Opinion, the Commission may decide to bring the case before the Court of Justice.
Article 228 of the Treaty gives the Commission power to act against a Member State that does not comply with a previous judgement of the European Court of Justice. The article also allows the Commission to ask the Court to impose a financial penalty on the Member State concerned.
For current statistics on infringements in general see:
http://europa.eu.int/comm/secretariat_general/sgb/droit_com/index_en.htm#infractions ;
(1) Regulation 2081/92 of 14 July 1992 Official Journal L 208, 24.07.1992 p.1.
(2) Regulation 1107/96 of 21 June 1996 - Official Journal L 148, 21.06.1996 p.1.