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7.11.

2009 EN Official Journal of the European Union C 267/11

Judgment of the Court (First Chamber) of 10 September 4. Orders Ente per le Ville Vesuviane to pay the costs of the
2009 — Commission of the European Communities v Ente proceedings before the present Court and also those connected
per le Ville Vesuviane (C-445/07 P), Ente per le Ville with the procedure at first instance.
Vesuviane v Commission of the European Communities
(C-455/07 P)
(1) OJ C 297, 08.12.2007.
(Joined Cases C-445/07 P and C-455/07 P) (1)

(Appeal — European Regional Development Fund (ERDF) —


Development of infrastructure for the expansion of tourism in Judgment of the Court (Fourth Chamber) of 10 September
Regione Campania (Italy) — Closure of Community financial 2009 (reference for a preliminary ruling from the Tribunale
assistance — Actions for annulment — Admissibility — civile di Modena (Italy)) — Alberto Severi, in his own
Local or regional entity — Measures of direct and individual name, and as legal representative of Cavazzuti e figli
concern to that entity) SpA, now known as Grandi Salumifici Italiani SpA v
Regione Emilia-Romagna
(2009/C 267/18)
(Case C-446/07) (1)
Language of the case: Italian
(Directive 2000/13/EC — Labelling of foodstuffs to be
delivered as such to the ultimate consumer — Labelling
Parties likely to mislead the purchaser as to the origin or provenance
of the foodstuff — Generic names within the meaning of
Appellants: Commission of the European Communities (repre­ Article 3 of Regulation (EEC) No 2081/92 — Effect)
sented by: L. Flynn, Agent, A. Dal Ferro, avvocato) (C-445/07
P), Ente per le Ville Vesuviane (represented by: E. Soprano,
(2009/C 267/19)
avvocato) (C-455/07 P)
Language of the case: Italian
Other parties to the proceedings: Ente per le Ville Vesuviane (repre­
sented by: E. Soprano, avvocato) (C-455/07 P), Commission of
the European Communities (represented by: L. Flynn, Agent, A. Referring court
Dal Ferro, avvocato) (C-445/07 P)
Tribunale civile di Modena

Re Parties to the main proceedings


Appeal against the judgment of the Court of First Instance Applicant: Alberto Severi, in his own name, and as legal repre­
(Second Chamber) of 18 July 2007 Ente per le Ville Vesuviane sentative of Cavazzuti e figli SpA, now known as Grandi
v Commission (T-189/02) by which the Court rejected the action Salumifici Italiani SpA
for annulment of Commission Decision D(2002) 810111 of 13
March 2002 ending financial assistance from the European Defendant: Regione Emilia-Romagna
Regional Development Fund (ERDF) in the form of investment
in infrastructure in Campania (Italy) relating to an integrated Intervening party: Associazione fra Produttori per la Tutela del
scheme of development of three Vesuvian villas for the ‘Salame Felino’
purposes of tourism (ERDF No 86/05/04/054).
Re:
Operative part of the judgment Reference for a preliminary ruling — Tribunale civile di Modena
The Court: — Interpretation of Articles 3(1) and 13(3) of Council Regu­
lation (EEC) No 2081/92 of 14 July 1992 on the protection of
geographical indications and designations of origin for agri­
1. Sets aside the judgment of the Court of First Instance of the
cultural products and foodstuffs (OJ 1992 L 208, p. 1), now
European Communities of 18 July 2007 in Case T-189/02
Articles 3(1) and 13(2) of Regulation (EC) No 510/06 — Name
Ente per le Ville Vesuviane v Commission, inasmuch as it
of a food product which is evocative of a place not registered as
declared admissible Ente per le Ville Vesuviane’s action for
a PDO or PGI within the meaning of that regulation —
annulment of Commission Decision D (2002) 810111 of 13
Whether it is possible for producers who have used that
March 2002, closing the financial assistance of the European
name in good faith and uninterruptedly before the entry into
Regional Development Fund (ERDF) in the form of investment
force of the regulation to use it in the common market —
in infrastructure in Campania (Italy) relating to an integrated
‘Salame Felino’
scheme for the development of three Vesuvian villas for the
purposes of tourism;
Operative part of the judgment
2. Dismisses Ente per le Ville Vesuviane’s action for annulment of the 1. Articles 3(1) and 13(3) of Council Regulation (EEC) No
said decision as inadmissible; 2081/92 of 14 July 1992 on the protection of geographical
indications and designations of origin for agricultural products
3. Declares that it is not necessary to rule on the appeal brought by and foodstuffs, as amended by Commission Regulation (EC) No
Ente per le Ville Vesuviane; 2796/2000 of 20 December 2000, must be interpreted as
C 267/12 EN Official Journal of the European Union 7.11.2009

meaning that the designation of a foodstuff containing Defendant: Portuguese Republic (represented by: L. Inês
geographical references, which has been the subject of an appli­ Fernandes, acting as Agent, N. Ruiz and C. Farinhas, advogados)
cation for registration as a protected designation of origin or a
protected geographical indication within the meaning of Regu­ Re:
lation No 2081/92, as amended by Regulation No 2796/2000,
cannot be regarded as generic pending the possible forwarding of Failure of a Member State to fulfil obligations — Article 228 EC
the application for registration to the Commission of the European — Failure to comply with the judgment of the Court of Justice
Communities by the national authorities. A designation cannot be of 10 November 2005 in Case C-432/02 — Application for a
presumed to be generic, within the meaning of Regulation No penalty payment to be imposed
2081/92, as amended by Regulation No 2796/2000, for as
long as the Commission has not taken a decision on the appli­ Operative part of the judgment
cation for registration of the designation, as the case may be, by
rejecting it on the specific ground that that designation has become The Court:
generic.
1. Dismisses the action;

2. Orders the Commission of the European Communities to pay the


2. Articles 3(1) and 13(3) of Regulation No 2081/92, as amended costs.
by Regulation No 2796/2000, read with Article 2 of Directive
2000/13/EC of the European Parliament and of the Council of
20 March 2000 on the approximation of the laws of the Member (1) OJ C 297, 8.12.2007.
States relating to the labelling, presentation and advertising of
foodstuffs, must be interpreted as meaning that the designation
of a foodstuff containing geographical references, which is not
registered as a protected designation of origin or a protected Judgment of the Court (Grand Chamber) of 8 September
geographical indication, may legitimately be used, on condition 2009 (reference for a preliminary ruling from the
that the labelling of the product so named does not mislead the Handelsgericht Wien (Austria)) — Budějovický Budvar
average, reasonably well informed, observant and circumspect National Corporation v Rudolf Ammersin GmbH
consumer. For the purpose of assessing whether that is the case,
national courts may have regard to the length of time during (Case C-478/07) (1)
which the name has been used. By contrast, any good faith on
the part of the manufacturer or retailer is irrelevant in that regard. (Bilateral agreements between Member States — Protection in
a Member State of a geographical indication of provenance of
another Member State — Designation ‘Bud’ — Use of the
mark ‘American Bud’ — Articles 28 EC and 30 EC — Regu­
(1) OJ C 51, 23.2.2008. lation (EC) No 510/2006 — Community system of protection
of geographical indications and of designations of origin —
Accession of the Czech Republic — Transitional measures —
Regulation (EC) No 918/2004 — Scope of the Community
system — Exhaustive nature)

Judgment of the Court (Fourth Chamber) of 10 September (2009/C 267/21)


2009 — Commission of the European Communities v
Portuguese Republic Language of the case: German

(Case C-457/07) (1)


Referring court
(Failure of a Member State to fulfil obligations — Articles 28 Handelsgericht Wien
EC and 30 EC — Construction products — National approval
procedure — Failure to take account of approval certificates Parties to the main proceedings
drawn up in other Member States — Judgment of the Court
establishing the failure of a Member State to fulfil its obli­ Applicant: Budějovický Budvar National Corporation
gations — Non-implementation — Article 228 EC —
Subject-matter of the dispute — Determination during the Defendant: Rudolf Ammersin GmbH
pre-litigation procedure — Subsequent extension — Not
permissible) Re:

(2009/C 267/20) Reference for a preliminary ruling — Handelsgericht Wien —


Interpretation of Articles 28 EC and 30 EC, Commission Regu­
lation (EC) No 918/2004 of 29 April 2004 introducing transi­
Language of the case: Portuguese tional arrangements for the protection of geographical indi­
cations and designations of origin for agricultural products
Parties and foodstuffs in connection with the accession of the Czech
Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta,
Applicant: Commission of the European Communities (repre­ Poland, Slovenia and Slovakia (OJ 2004 L 163, p. 88), and
sented by: S. Pardo Quintillán and P. Andrade, acting as Agents) Council Regulation (EC) No 510/2006 of 20 March 2006 on