23.3.2013

Official Journal of the European Union

C 86/13

Request for a preliminary ruling from the Corte Suprema di Cassazione (Italy) lodged on 24 January 2013 — ASS.I.CA. and Kraft Foods Italia SpA v Associazioni fra produttori per la tutela del ‘Salame Felino’ and Others

(Case C-35/13)

2013/C 86/21

Language of the case: Italian

Referring court

Corte Suprema di Cassazione

Parties to the main proceedings

Appellants: ASS.I.CA. — Associazione Industriali delle Carni, Kraft Foods Italia SpA

Respondents: Associazioni fra produttori per la tutela del ‘Salame Felino’ and Others

Questions referred

Should Article 2 of Regulation (EEC) No 2081/92 (1) be interpreted as precluding a producers’ association from being able to claim the right exclusively to use, within the [European Union], a designation of geographical origin used within a Member State to designate a specific type of salami sausage, without having first obtained a legally binding measure from that Member State establishing the boundaries of the geographical area of production, the rules and regulations governing production, and any requirements which producers may have to satisfy in order to be entitled to use that designation?

2.	In the light of Regulation (EEC) No 2081/92, which set of rules should be applied within the [European Union] market and also within the market of a Member State to a geographical designation which has not obtained the registration referred to in that regulation?

(1) Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ 1992 L 208, p. 1).