Europa Reference for a preliminary ruling: House of Lords – United Kingdom. Protected designations of origin – Regulation (EEC) No 2081/92 – Regulation (EC) No 1107/96 – Prosciutto di Parma – Specification – Requirement for ham to be sliced and packaged in the region of production – Articles 29 EC and 30 EC – Justification – Whether requirement may be relied on against third parties – Legal certainty – Publicity.
The court considered whether ham which had been produced in Parma, but sliced and packaged elsewhere coud still use the restricted designation of origin ‘Parma Ham’
Held: The restriction on the designation to include only ham sliced and packaged in Parma was indeed a restriction on trade (29), but was justified (30). The regulation allowed the conditions of designation to be set by the national authorities. The conditions here included conditions as to the place where the ham was sliced and packaged. When the new regulations came in, existing designations were passported under a simplified procedure which did not sufficiently clearly set out the conditions attached, and therefore in this case those conditions had not been sufficiently well advertised to attain the necessary legal certainty.
Citations:
C-108/01, Times 28-May-2003, [2003] EUECJ C-108/01
Links:
Statutes:
Jurisdiction:
European
Citing:
Reference From – Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others HL 8-Feb-2001
The name ‘Parma Ham’ was controlled as to its use under Italian law, and the associated mark, the ‘corona ducale’, was to be applied to a sale of Parma Ham, including any packaging. Proper Parma Ham was imported and resold through the defendant’s . .
Cited by:
Returned Reference – Consorzio Del Prosciutto Di Parma v Asda Stores Limited and others HL 31-Jul-2003
Judgment on return from Court of Justice of the European Communities – no Opinions. . .
Lists of cited by and citing cases may be incomplete.
European
Updated: 07 June 2022; Ref: scu.182717