Order of the General Court (Third Chamber) of 7 July 2011 – Acetificio Marcello de Nigris v Commission

(Case T-351/09)

Action for annulment – Registration of a protected geographical indication – Lack of individual concern – Inadmissibility

1.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Possibility of basing an action brought before the entry into force of the Lisbon Treaty on Article 263, fourth para., TFEU – None (Art. 230, fourth and fifth paras, EC; Art. 263, fourth para., TFEU) (see para. 57)

2.                     Actions for annulment – Natural or legal persons – Measures of direct and individual concern to them – Regulation concerning the entry of certain designations in the ‘Register of protected designations of origin and protected geographical indications’ – Protection of the geographical indication ‘Aceto balsamico di Modena’ – Action by a producer established outside the provinces in respect of which the entry made – No acquired rights specific to that producer – Inadmissibility (Arts 230, fourth para., EC and 249, second para., EC; Council Regulation No 510/2006, Art. 13(1)) (see paras 59-70)

3.                     European Union – Judicial review of the legality of the acts of the institutions – Measures of general scope – Protection assured by the national courts where the EU judicature without jurisdiction – Regulation No 2081/92 – No opposition procedure initiated against an application for registration of a geographical indication, provided for by the regulation, and subsequent introduction of an action before the national courts – Infringement of the right to effective legal protection – None (Art. 230 EC; Council Regulation No 2081/92, Art. 5(5) and (7)) (see paras 73, 75-79)

Re:

APPLICATION for annulment of Commission Regulation (EC) No 583/2009 of 3 July 2009 entering a name in the register of protected designations of origin and protected geographical indications (Aceto Balsamico di Modena (PGI)) (OJ 2009 L 175, p. 7).

Operative part

1. The action is dismissed as inadmissible.

2. There is no need to adjudicate on the application for leave to intervene of Consorzio Filiera Aceto Balsamico di Modena.

3. Acetificio Marcello de Nigris Srl is ordered to bear its own costs and pay those incurred by the European Commission.

4. The Italian Republic and Consorzio Filiera Aceto Balsamico di Modena are ordered to bear their own costs.