20.5.2006   

EN

Official Journal of the European Union

C 121/9


Reference for a preliminary ruling from The Court of Appeal (Civil Division) (England and Wales) made on 29 March 2006 — The Queen on the application of Northern Foods Plc v The Secretary of State for the Environment, Food and Rural Affairs

Interested Party: The Melton Mowbray Pork Pie Association

(Case C-169/06)

(2006/C 121/16)

Language of the case: English

Referring court

Court of Appeal (Civil Division) (England and Wales)

Parties to the main proceedings

Applicant: The Queen on the application of Northern Foods Plc,

Defendant: The Secretary of State for Environment, Food and Rural Affairs

Interested Party: The Melton Mowbray Pork Pie Association

Questions referred

Where the specification in an application for a protected geographical indication (PGI) in respect of ‘Melton Mowbray Pork Pies’ made pursuant to Council Regulation 2081/92/EEC on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (‘the Regulation’) defines the relevant geographical area pursuant to Article 4(2)(c) of the Regulation as

the town of Melton Mowbray and its surrounding region bounded as follows:

to the North by the A52 from the M1 and the A1 and including the city of Nottingham;

to the East by the A1 from the A52 to the A45 and including the towns of Grantham and Stamford;

to the West by the M1 from the A52 and the A45; and

to the South by the A45 from the M1 and the A1 and including the town of Northampton

1.

are the requirements of Article 2(2)(b) of the Regulation capable of being satisfied insofar as the proposed PGI would apply to products produced and/or processed and/or prepared in places other than that whose name appears in the PGI;

2.

if so, what criteria must be applied in delimiting the defined geographical area referred to in Articles 2(2)(b) and 4(2)(c) of the Regulation?