This document is an excerpt from the EUR-Lex website
Document 62015TJ0043
Judgment of the General Court (Second Chamber) of 23 April 2018.
CRM Srl v European Commission.
Protected geographical indication — Piadina Romagnola or Piada Romagnola — Registration procedure — Allocation of powers as between the Commission and the national authorities — Link between the product’s reputation and its geographical origin — Article 5(2)(b) of Regulation (EC) No 1151/2012 — Scope of the Commission’s check of the application for registration — Article 7(1)(f)(ii), Article 8(1)(c)(ii) and Article 50(1) of Regulation No 1151/2012 — Effects on the procedure before the Commission of annulment of the specification by a national court — Obligation of the Commission to conduct inquiries — Principle of good administration — Effective judicial protection.
Case T-43/15.
Judgment of the General Court (Second Chamber) of 23 April 2018.
CRM Srl v European Commission.
Protected geographical indication — Piadina Romagnola or Piada Romagnola — Registration procedure — Allocation of powers as between the Commission and the national authorities — Link between the product’s reputation and its geographical origin — Article 5(2)(b) of Regulation (EC) No 1151/2012 — Scope of the Commission’s check of the application for registration — Article 7(1)(f)(ii), Article 8(1)(c)(ii) and Article 50(1) of Regulation No 1151/2012 — Effects on the procedure before the Commission of annulment of the specification by a national court — Obligation of the Commission to conduct inquiries — Principle of good administration — Effective judicial protection.
Case T-43/15.
Court reports – general – 'Information on unpublished decisions' section
Judgment of the General Court (Second Chamber) of 23 April 2018 –
CRM v Commission
(Case T‑43/15)
(Protected geographical indication — Piadina Romagnola or Piada Romagnola — Registration procedure — Allocation of powers as between the Commission and the national authorities — Link between the product’s reputation and its geographical origin — Article 5(2)(b) of Regulation (EC) No 1151/2012 — Scope of the Commission’s check of the application for registration — Article 7(1)(f)(ii), Article 8(1)(c)(ii) and Article 50(1) of Regulation No 1151/2012 — Effects on the procedure before the Commission of annulment of the specification by a national court — Obligation of the Commission to conduct inquiries — Principle of good administration — Effective judicial protection)
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Agriculture—Uniform legislation—Protection of geographical indications and designations of origin for agricultural products and foodstuffs—Regulation No 1151/2012—Allocation of powers as between the Member States and the Commission (European Parliament and Council Regulation No 1151/2012, Recital 58 and Art. 50) (see paras 34-37) |
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Agriculture—Uniform legislation—Protection of geographical indications and designations of origin for agricultural products and foodstuffs—Regulation No 1151/2012—Requirements applicable to protected geographic indications—Requirement of having a reputation—Scope (European Parliament and Council Regulation No 1151/2012, Art. 5(2)(b)) (see paras 45-47, 49) |
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Agriculture—Uniform legislation—Protection of geographical indications and designations of origin for agricultural products and foodstuffs—Regulation No 1151/2012—Registration procedure—Commission obligation to determine whether the conditions for registration are met—Scope—Failure to evaluate the consequences of the annulment by a national court of a specification and an application for registration—Not permissible—Infringement of the duty to conduct inquiries and the principle of good administration (European Parliament and Council Regulation No 1151/2012, Recital 58 and Art. 50(1)) (see paras 67, 73-75, 85-88, 91) |
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EU law—Principles—Principle of sound administration—Duty of diligence—Scope (Charter of Fundamental Rights of the European Union, Art. 41) (see paras 69, 70) |
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Agriculture—Uniform legislation—Protection of geographical indications and designations of origin for agricultural products and foodstuffs—Regulation no 1151/2012—Procedures to amend or annul a registration—Application to address the shortcomings in the registration procedure which occurred in infringement of the principle of good administration—Not included (European Parliament and Council Regulation No 1151/2012, Arts 53 and 54) (see para. 82) |
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Agriculture—Uniform legislation—Protection of geographical indications and designations of origin for agricultural products and foodstuffs—Regulation No 1151/2012—Registration procedure—Commission obligation to determine whether the conditions for registration are met—Scope—Failure to evaluate the consequences of the annulment by a national court of specifications and an application for registration—Infringement of the right to effective judicial protection—None (Charter of Fundamental Rights of the European Union, Art. 47; European Parliament and Council Regulation No 1151/2012, Art. 49(4)) (see paras 98, 100-102) |
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Judicial proceedings—Costs—Costs caused unreasonably or vexatiously—Conduct of an institution making a dispute more likely (Rules of Procedure of the General Court, Art. 135(2)) (see paras 105, 106) |
Re:
Application on the basis of Article 263 TFEU seeking the annulment of Commission Implementing Regulation (EU) No 1174/2014 of 24 October 2014 entering a name in the register of protected designations of origin and protected geographical indications (Piadina Romagnola/Piada Romagnola (PGI)) (OJ 2014 L 316, p. 3).
Operative part
The Court:
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Dismisses the action; |
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Orders CRM srl to bear two thirds of its own costs and to pay two thirds of the costs incurred by the European Commission in the present proceedings; |
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Orders the Commission to bear one third of its own costs and one third of the costs incurred by CRM in the present proceedings; |
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Orders CRM and the Commission to each bear their own costs relating to the proceedings for interim measures; |
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Orders the Italian Republic and the Consorzio di Promozione e Tutela della Piadina Romagnola (Co.P.Rom) to bear their own costs. |