24.10.2009

EN

Official Journal of the European Union

C 256/36

(Case T-351/09)

2009/C 256/64

Language of the case: Italian

Parties

Applicant: Acetificio Marcello de Nigris Srl (Afragola, Italy) (represented by: P. Perani and P. Pozzi, lawyers)

Defendant: Commission of the European Communities

Form of order sought

—Declare that the granting of the registration of the name ‘Aceto Balsamico di Modena’ as a protected geographical indication in the register of protected designations of origin and protected geographical indications constitutes an infringement of Article 3 of Regulation 510/2006 and an infringement of the procedural guarantees expressly laid down in Community law;

—annul Commission Regulation (EC) No 583/2009 of 3 July 2009, published on 4 July 2009, entering a name in the register of protected designations of origin and protected geographical indications (Aceto Balsamico di Modena) (PGI);

—as a consequence of the annulment, take all the steps necessary to cancel the registration of ‘Aceto Balsamico di Modena’ as a protected geographical indication in the register of protected designations of origin and protected geographical indications;

—order the Commission to pay the costs.

Pleas in law and main arguments

The applicant, which is engaged in the production and sale of wine vinegar and other condiments, including Balsamic vinegar from Modena, objects to the registration of the name ‘Aceto Balsamico di Modena’ as a protected geographical indication, brought about by the contested regulation.

In support of its application, the applicant claims:

—infringement of Article 3 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, in so far as it is highly apparent from the historical background to how the production of Balsamic vinegar from Modena developed that there is no connection whatsoever between such products and a particular geographical area. In fact, there can be no doubt that, for several decades, a majority of the Balsamic vinegar from Modena sold in Italy and abroad has been produced outside the historical territory of origin. Against that background, the name in question describes a product made in accordance with particular production methods and having specific characteristics which do not, however, depend on the place of production;

—that it is impossible for the applicant to object to the registration of the name ‘Aceto Balsamico di Modena’ as a protected geographical indication. As a result of the sequence and timing of the relevant events in this case, it was possible for the protected geographical indication at issue in this case to be registered without the applicant being given the opportunity to lodge an objection to the registration by submitting a substantiated statement, in breach of the procedural guarantees laid down in both Article 7(3) of Council Regulation (EEC) No 2081/1992 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs and in Article 5(5) of Regulation 510/2006.

(1) OJ L 93, 31.3.2006, p. 12.

(2) OJ L 208, 24.7.1992. p. 1.