Summary
Keywords
Actions for annulment - Interest in bringing proceedings - Regulation registering a name as a protected geographical indication pursuant to Regulation No 2081/92 - Action brought by producers using a name other than that registered and by associations representing the interests of those producers - Inadmissible
(EC Treaty, Art. 173, fourth para.; Council Regulation No 2081/92, Art. 13; Commission Regulation No 644/98)
Summary
The admissibility of an action for annulment brought by a natural or legal person is dependent upon the condition that the person concerned demonstrate a legal interest in bringing proceedings. In particular, he must be able to demonstrate a personal interest in the annulment of the contested decision.
Consequently, an action is inadmissible which is brought by olive oil producers for annulment of Regulation No 644/98 in so far as that measure registers the name `Toscano' as a protected geographical indication, where those producers use other names for the marketing of their products. In that connection it is irrelevant that those names are defined as `geographical sub-areas' or `variants' in the product specification drawn up for the purposes of registering the name `Toscano', since they are not registered names within the meaning of Article 13 of Regulation No 2081/92 and no Community protection whatever is conferred on them under that regulation. Since, therefore, the commercial use of those names by olive-oil producers like the applicants is not affected by Regulation No 644/98, and their right to submit an application for registration of the names in question as designations of origin or geographical indications remains unimpaired, the maintenance in force of Regulation No 644/98 can in no way affect their interests.
An action for annulment of Regulation No 644/98 is also inadmissible where brought by associations which rely solely on the fact that they represent the interests of olive oil producers using the names at issue, and do not refer to individual producers other than the applicants, whose action for annulment of that regulation is inadmissible. Unless there are special circumstances such as the role played in the procedure leading to adoption of the act at issue, an action for annulment brought by such an association is inadmissible if it could not have been brought by the association's members individually.
Full & Egal Universal Law Academy