Judgment of the Court (Fifth Chamber) of 17 December 2020 (request for a preliminary ruling from the Cour de cassation – France) – Syndicat interprofessionnel de défense du fromage Morbier v Société Fromagère du Livradois SAS
(Case C-490/19) 1
(Reference for a preliminary ruling – Agriculture – Protection of geographical indications and designations of origin for agricultural products and foodstuffs – Regulation (EC) No 510/2006 – Regulation (EU) No 1151/2012 – Article 13(1)(d) – Practice liable to mislead the consumer as to the true origin of the product – Reproduction of the shape or appearance of a product which has a protected name – Protected designation of origin (PDO) ‘Morbier’)
Language of the case: French
Referring court
Cour de cassation
Parties to the main proceedings
Applicant: Syndicat interprofessionnel de défense du fromage Morbier
Defendant: Société Fromagère du Livradois SAS
Operative part of the judgment
Article 13(1) of 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 and Article 13(1) of 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 must be interpreted as meaning that they do not prohibit solely the use by a third party of a registered name.
Article 13(1)(d) of Regulation No 510/2006 and Article 13(1)(d) of Regulation No 1151/2012 must be interpreted as prohibiting the reproduction of the shape or appearance characterising a product covered by a registered name where that reproduction is liable to lead the consumer to believe that the product in question is covered by that registered name. It is necessary to assess whether such reproduction may mislead the European consumer, who is normally informed and reasonably observant and circumspect, taking into account all relevant factors in the case.
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1 OJ C 288, 26.8.2019.