Judgment of the General Court (Seventh Chamber) of 8 November 2012 — Hungary v Commission

(Case T-194/10)

Action for annulment — Regulation (EC) No 1234/2007 – Regulation (EC) No 607/2009 — E-Bacchus database – Registration of the protected designation of origin ‘Vinohradnícka oblast’ Tokaj’, in respect of Slovakia — Measure not subject to review — Inadmissibility

1.                     Procedure — Absolute bar to proceeding — To be considered of the Court’s own motion (Rules of Procedure of the General Court, Art. 113) (see para. 17)

2.                     Actions for annulment — Actionable measures — Concept — Measure producing binding legal effects — Assessment of those effects by reference to the substance of the measure — Registration of a protected designation of origin in the electronic register of protected designations of origin and protected geographical indications for wines (E-Bacchus database) — Designation of origin forming part of designations already protected under Regulation No 1493/1999 — Not included (Art. 263, first para., TFEU; Council Regulations No 1493/1999, No 1234/2007, Art. 118(s) and (n) and No 607/2009, Art. 73(2)) (see paras 18-39)

Re:

ACTION for annulment of the registration of the protected designation of origin ‘Vinohradnícka oblasť Tokaj’, with Slovakia indicated as country of origin, in the electronic register of protected designations of origin and protected geographical indications for wine (the E-Bacchus database).

Operative part

The Court:

1. Dismisses the action as inadmissible;

2. Orders Hungary to bear its own costs and to pay those incurred by the European Commission;

3. Orders the Republic of Slovakia to bear its own costs.