(Reference for a preliminary ruling– Article99 of the Rules of Procedure of the Court of Justice– Quality schemes for agricultural products and foodstuffs– Regulation (EU) No1151/2012

Regulation (EC) No510/2006

3Council Regulation (EC) No510/2006 of 20March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ 2006 L93, p.12), as amended by Council Regulation (EC) No1791/2006 of 20November 2006 (OJ 2006 L363, p.1) (‘Regulation No510/2006’), provided, in the second subparagraph of Article5(8) thereof, that the Republic of Bulgaria and Romania were to introduce the laws, regulations or administrative provisions necessary to comply with paragraphs(4) to (7) of Article5 not later than one year after the date of accession.

4Article5(11) of Regulation No510/2006 also provided:

‘In the case of Bulgaria and Romania, the national protection of geographical indications and designations of origin existing on the date of their accession may continue for twelve months from the date of their accession.

Where an application for registration under this Regulation is forwarded to the Commission by the end of the abovementioned period such protection shall cease on the date on which a decision on registration under this Regulation is taken.

The consequences of such national protection, where a name is not registered under this Regulation, shall be the sole responsibility of the Member State concerned.’

5That regulation was repealed and replaced, with effect from 3January 2013, by Regulation No1151/2012.

Regulation No1151/2012

6According to recitals13 to 15, 17, 18, 20 and 24 of Regulation No1151/2012:

‘(13)… the following provisions should be amalgamated into a single legal framework comprising the new or updated provisions of [Council] Regulations (EC) No509/2006 [of 20March 2006 on agricultural products and foodstuffs as traditional specialities guaranteed (OJ 2006 L93, p.1)] and [No510/2006] and those provisions of [Regulations No509/2006 and No510/2006] that are maintained.

(14)In the interests of clarity and transparency, Regulations [No509/2006 and No510/2006] should therefore be repealed and replaced by this Regulation.

(15)The scope of this Regulation should be limited to the agricultural products intended for human consumption listed in AnnexI to the Treaty and to a list of products outside the scope of that Annex that are closely linked to agricultural production or to the rural economy.

…

(17)The scope for designations of origin and geographical indications should be limited to products for which an intrinsic link exists between product or foodstuff characteristics and geographical origin.…

(18)The specific objectives of protecting designations of origin and geographical indications are securing a fair return for farmers and producers for the qualities and characteristics of a given product, or of its mode of production, and providing clear information on products with specific characteristics linked to geographical origin, thereby enabling consumers to make more informed purchasing choices.

…

(20)A Union framework that protects designations of origin and geographical indications by providing for their inclusion on a register facilitates the development of those instruments, since the resulting, more uniform, approach ensures fair competition between the producers of products bearing such indications and enhances the credibility of the products in the consumers’ eyes.…

…

(24)To qualify for protection in the territories of Member States, designations of origin and geographical indications should be registered only at Union level. With effect from the date of application for such registration at Union level, Member States should be able to grant transitional protection at national level without affecting intra-Union or international trade.…’

7Article1 of Regulation No1151/2012, entitled ‘Objectives’, provides in paragraph1 thereof:

‘This Regulation aims to help producers of agricultural products and foodstuffs to communicate the product characteristics and farming attributes of those products and foodstuffs to buyers and consumers, thereby ensuring:

(a)fair competition for farmers and producers of agricultural products and foodstuffs having value-adding characteristics and attributes;

…

The measures set out in this Regulation are intended to support agricultural and processing activities and the farming systems associated with high quality products, thereby contributing to the achievement of rural development policy objectives.’

8The first subparagraph of Article2(1) of that regulation, which defines the scope of the regulation, provides:

‘This Regulation covers agricultural products intended for human consumption listed in AnnexI to the Treaty and other agricultural products and foodstuffs listed in AnnexI to this Regulation.’

9Title II of that regulation, entitled ‘Protected designations of origin and protected geographical indications’, contains Articles4 to 16 thereof. Article4 of that regulation, entitled ‘Objective’, states:

‘A scheme for protected designations of origin and protected geographical indications is established in order to help producers of products linked to a geographical area by:

(a)securing fair returns for the qualities of their products;

(b)ensuring uniform protection of the names as an intellectual property right in the territory of the Union;

(c)providing clear information on the value-adding attributes of the product to consumers.’

10Article5 of Regulation No1151/2012, entitled ‘Requirements for designations of origin and geographical indications’, provides in paragraphs1 and 2 thereof:

‘1.For the purpose of this Regulation, “designation of origin” is a name which identifies a product:

(a)originating in a specific place, region or, in exceptional cases, a country;

(b)whose quality or characteristics are essentially or exclusively due to a particular geographical environment with its inherent natural and human factors; and

(c)the production steps of which all take place in the defined geographical area.

2.For the purpose of this Regulation, “geographical indication” is a name which identifies a product:

(a)originating in a specific place, region or country;

(b)whose given quality, reputation or other characteristic is essentially attributable to its geographical origin; and

(c)at least one of the production steps of which take place in the defined geographical area.’

11Article9 of that regulation, entitled ‘Transitional national protection’, provides:

‘A Member State may, on a transitional basis only, grant protection to a name under this Regulation at national level, with effect from the date on which an application is lodged with the Commission.

Such national protection shall cease on the date on which either a decision on registration under this Regulation is taken or the application is withdrawn.

Where a name is not registered under this Regulation, the consequences of such national protection shall be the sole responsibility of the Member State concerned.

The measures taken by Member States under the first paragraph shall produce effects at national level only, and they shall have no effect on intra-Union or international trade.’

12Article12 of that regulation, entitled ‘Names, symbols and indications’, is worded as follows:

‘1.Protected designations of origin and protected geographical indications may be used by any operator marketing a product conforming to the corresponding specification.

…

3.… The indications “protected designation of origin” or “protected geographical indication”… may appear on the labelling.

4.In addition, the following may also appear on the labelling: depictions of the geographical area of origin, as referred to in Article5, and text, graphics or symbols referring to the Member State and/or region in which that geographical area of origin is located.

…’

13Chapter IV of the Regulation, which is set out under Title V entitled ‘Common provisions’, lays down the application and registration procedures applicable, inter alia, to designations of origin and geographical indications.

Bulgarian law

Law on trade marks and geographical designations

14The Zakon za markite i geografskite oznachenia (Law on trade marks and geographical designations) (DV No81 of 14September 1999), in the version in force at the material time (‘the ZMGO’), provided, in Article51(1) to (3):

‘(1)Geographical designation means a designation of origin and a geographical indication.

(2)The designation of origin is the name of a country, region or particular place of that country, used to describe a product originating in that country, region or particular place, the quality or characteristics of which are essentially or exclusively due to the geographical environment, including natural and human factors.

(3)The geographical indication is the name of a country, region or particular place of that country, used to describe a product originating in that country, region or locality and the quality, reputation or other characteristic of which may be attributed to that geographical origin.’

15Article53(1) and (2) of the ZMGO stated:

‘(1)Legal protection of the geographical designation is granted by registration of that designation to the Patent Office.

(2)Legal protection includes the prohibition of:

1.any commercial use of the geographical designation of products which are comparable to the registered product in so far as such use exploits the reputation of the protected designation;

2.any misuse, imitation of the geographical designation, even if the true origin of the product is indicated or if its use is translated or accompanied by a term such as “style”, “kind”, “type”, “imitation” or similar;

3.any other false or misleading indication as to the provenance, origin, nature or essential qualities of the product, whether appearing on inner or outer packaging, advertising material or documents relating to the product concerned, which indication is liable to convey a false impression as to its origin;

4.any other practice liable to mislead the consumer as to the true origin of the product.’

16Under Article76 of the ZMGO:

‘(1)Actions for infringement of rights under this Law may be actions:

1.for a declaration that an infringement has occurred;

2.seeking an injunction prohibiting the infringement;

3.for compensation for the loss suffered;

4.seeking to obtain the seizure and removal from circulation of the goods which are the subject of the offence, and of the means used to commit it.

(2)Concurrently with the action referred to in paragraph1, the applicant may apply to the courts for:

…

3.the publication, at the defendant’s expense, of the operative part of the judgment in two daily newspapers, and during a timezone of a national television broadcaster, determined by the court.’

17The ZMGO was abolished on 22December 2019 (DV No98 of 13December 2019).

Transitional and final provisions of the Law amending and supplementing the ZMGO

18The transitional and final provisions of the Law amending and supplementing the ZMGO (DV No61 of 24July 2018) provide, in Article8 thereof:

‘(1)Holders of rights over geographical designations registered in respect of agricultural products or foodstuffs falling within the scope of Regulation [No1151/2012] may not bring actions in respect of infringements committed up to the entry into force of the present Law.

(2)Proceedings relating to administrative offences may not be initiated for infringements occurring prior to the entry into force of the present Law of rights over geographical designations registered for agricultural products or foodstuffs falling within the scope of Regulation [No1151/2012].’