Action brought on 17 January 2014 – Zentralverband des Deutschen Bäckerhandwerks v Commission
(Case T-49/14)
Language of the case: German
Parties
Applicant: Zentralverband des Deutschen Bäckerhandwerks e.V. (Berlin, Germany) (represented by: I. Jung, M. Teworte-Vey, A. Renvert and J. Saatkamp, lawyers)
Defendant: European Commission
Form of order sought
Annul Commission Implementing Decision of 14 November 2013 concerning the rejection of a request to cancel a name entered in the register of protected designations of origin and protected geographical indications pursuant to Regulation (EU) No 1151/2012 of the European Parliament and of the Council (Kołocz śląski/kołacz śląski (PGI)) (notified under document C(2013) 7626).
Pleas in law and main arguments
In support of the action, the applicant relies on two pleas in law.
First plea in law, alleging an incorrect legal basis
The applicant claims that the defendant based the contested decision, unlawfully, on the new version of Regulation (EU) 1151/2012 1 applicable when the decision was adopted rather than on the older version Regulation (EC) No 510/2006 2 applicable at the time of the applicant’s request. The defendant thereby infringed the principle expressed by the maxim ‘tempus regit actum’.
The applicant also argues that the request to cancel the entry is admissible and well founded under Regulation No 510/2006. It states in this context inter alia that there are two reasons for the cancellation (the indication at issue is a generic name within the meaning of Article 3(1) of Regulation No 510/2006; the geographical area Silesia is incorrectly defined in the specification of the registration) within the meaning of Article 12(2) of Regulation No 510/2006 and that a divergent interpretation and application of that provision would impinge upon the fundamental rights of bakery businesses in the Federal Republic.
Second plea in law, alleging infringement of Regulation No 1151/2012
The applicant claims that the request would even be admissible and well founded were it to be assessed on the basis of Regulation No 1151/2012.
____________1 Regulation (EU) No 1151/2012 of the European Parliament and of the Council on quality schemes for agricultural products and foodstuffs (OJ 2012 L 343, p. 1).
2 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 (OJ 2006 L 93, p. 12).