Appeal brought on 19 September 2023 by Cunsorziu di i Salamaghji Corsi – Consortium des Charcutiers Corses and Others against the judgment of the General Court (Second Chamber, Extended Composition) delivered on 12 July 2023 in Case T34/22
(Case C579/23 P)
Language of the case: French
Parties
Appellants: Cunsorziu di i Salamaghji Corsi – Consortium des Charcutiers Corses and Others (represented by: T. de Haan, avocat, and V. Le Meur-Baudry, avocate)
Other party to the proceedings: European Commission
Form of order sought
The appellants claim that the Court should:
annul the judgment of the General Court of the European Union (Second Chamber, Extended Composition) of 12 July 2023 in Case T34/22;
annul Commission Implementing Decision (EU) 2021/1879 of 26 October 2021 rejecting three applications for protection as a geographical indication in accordance with Article 52(1) of Regulation (EU) No 1151/2012 (‘the PDO-PGI Regulation’) (‘Jambon sec de l’Île de Beauté’ (PGI), ‘Lonzo de l’Île de Beauté’ (PGI), ‘Coppa de l’Île de Beauté’ (PGI));1
order the European Commission to pay, in addition to its own costs, those incurred by the appellants in relation both to the proceedings at first instance in Case T34/22 and to the appeal proceedings.
Grounds of appeal and main arguments
Infringement of Articles 7 and 13 of the PDO-PGI Regulation, in so far as the General Court allows the Commission to reject an application for registration on the basis of Article 13.
Infringement of Articles 49, 50 and 52 of the PDO-PGI Regulation, in so far as the General Court authorised the Commission to exceed its powers.
Infringement of Article 50 of the PDO-PGI Regulation and failure to observe the general principle of good administration, in so far as the General Court held that the Commission is not obliged to take account of all the information in the file and was able to disregard the assessments of the national authorities and the Conseil d’État (Council of State, France).
Infringement of Articles 7 and 13 of the PDO-PGI Regulation and failure to comply with its obligation to state reasons in the context of its assessment.
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1 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 (OJ 2012 L 343, p. 1).