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18.2.2019 |
EN |
Official Journal of the European Union |
C 65/7 |
Judgment of the Court (First Chamber) of 19 December 2018 (request for a preliminary ruling from the Bundespatentgericht — Germany) — S v EA, EB, EC
(Case C-367/17) (1)
((Reference for a preliminary ruling - Agriculture - Regulation (EC) No 510/2006 - Article 4(2)(e) - Regulation (EU) No 1151/2012 - Article 7(1)(e) - Protection of geographical indications and designations of origin - Application to amend the product specification - Ham originating from the Black Forest, Germany (‘Schwarzwälder Schinken’) - Requirements to package in the area of production - Applicability of Regulation (EC) No 510/2006 or of Regulation (EU) No 1151/2012))
(2019/C 65/08)
Language of the case: German
Referring court
Bundespatentgericht
Parties to the main proceedings
Applicant: S
Defendants: EA, EB, EC
Operative part of the judgment
Article 4(2)(e) of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs, in conjunction with Article 8 of Commission Regulation (EC) No 1898/2006 of 14 December 2006 laying down detailed rules of implementation of Regulation No 510/2006, and Article 7(1)(e) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs, must be interpreted as meaning that the requirement to package a product covered by a protected geographical indication in its geographical area of production is justified, under Article 4(2)(e), if it constitutes a necessary and proportionate means to safeguard the quality of the product, to guarantee its origin or to ensure the verification of the specification of the protected geographical indication. It is for the national court to assess whether that requirement is duly justified by one of the objectives mentioned above, regarding the protected geographical indication ‘Schwarzwälder Schinken’.