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Case C-132/05: Judgment of the Court (Grand Chamber) of 26 February 2008 — Commission of the European Communities v Germany (Failure of a Member State to fulfil its obligations — Regulation (EEC) No 2081/92 — Protection of geographical indications and designations of origin for agricultural products and foodstuffs — Parmigiano Reggiano cheese — Use of the name Parmesan — Obligation on a Member State to proceed on its own initiative against the abuse of a protected designation of origin)
ECLI:EU:UNKNOWN:62005CA0132
62005CA0132
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12.4.2008
Official Journal of the European Union
C 92/3
(Case C-132/05) (1)
(Failure of a Member State to fulfil its obligations - Regulation (EEC) No 2081/92 - Protection of geographical indications and designations of origin for agricultural products and foodstuffs - ‘Parmigiano Reggiano’ cheese - Use of the name ‘Parmesan’ - Obligation on a Member State to proceed on its own initiative against the abuse of a protected designation of origin)
(2008/C 92/03)
Language of the case: German
Parties
Applicant: Commission of the European Communities (represented by: E. de March, S. Grünheid and B. Martenczuk, Agents)
Interveners in support of the applicant: Czech Republic (represented by: T. Boček, Agent), Italian Republic, (represented by: I. M. Braguglia, Agent and G. Aiello, avvocato dello Stato)
Defendant: Federal Republic of Germany (represented by: M. Lumma, and A. Dittrich, Agents and M. Loschelder, Rechtsanwalt)
Interveners in support of the defendant: Kingdom of Denmark (represented by: J. Molde, Agent), Republic of Austria (represented by: E. Riedl, Agent)
Re:
Failure of a Member State to fulfil obligations — Infringement of Article 13(1)(b) of Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ 1992 L 208, p. 1) — Lack of measures prohibiting the use of the name ‘Parmesan’ for products which do not comply with the specification for the protected designation of origin ‘Parmigiano Reggiano’
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders the Commission of the European Communities to pay the costs;
3.Orders the Czech Republic, the Kingdom of Denmark, the Italian Republic and the Republic of Austria to bear their own costs.
(1) OJ C 132, 28.5.2005.