-
.
- Ελληνικά
Judgment of the General Court of the EU in Case T-361/21 Papouis Dairies and Others. v European Commission
The registration of Halloumi as a Protected Designation of Origin (PDO) product was confirmed today by the General Court of the European Union, dismissing in its entirety the action brought by several companies against the European Commission seeking the annulment of Implementing Regulation (EU) 2021/591 registering 'Halloumi'/'Hellim' as a PDO (Case T-361/21 Papouis Dairies and Others).The judgment of the General Court of the EU is considered to be very important as the General Court held, inter alia, that the specification 'with or without cow's milk' in the wording of the 1985 standard to which Implementing Regulation (EU) 2021/591 refers indicates that cow's milk is regarded by the competent authority which adopted that standard as a purely optional ingredient and as a potential complement to sheep's milk or goat's milk. In this light, the choice made in the application for registration to limit to 50% the proportion of cow's milk used in the mixture for the production of Halloumi was reasonable.
Background to the case
On 12 April 2021, following the registration of an application by the Republic of Cyprus, the European Commission registered the name 'Halloumi'/'Hellim' as a protected designation of origin (PDO) by adopting Implementing Regulation (EU) 2021/591, which refers, inter alia, to the specifications for the production of Halloumi.
On 22 June 2021, the Association of Cheese Makers etc. brought an action against the European Commission before the General Court of the European Union for annulment of the said Executive Regulation, challenging its legality and seeking its annulment, claiming that the European Commission had committed manifest errors in its examination of the application for the registration of Halloumi as a PDO.
The Legal Service of the Republic, representing the Republic of Cyprus, intervened in the case, supporting the position of the European Commission.
The Legal Service of the Republic, representing the Republic of Cyprus, intervened in the case, supporting the position of the European Commission.
On 6 June 2023, the case was heard before the General Court of the EU.
Findings of the Court
The General Court thoroughly examined the applicants' arguments on the existence of manifest errors on the part of the European Commission in its examination of the application for registration of Hallum/Hellim and the adoption of the Executive Regulation in question, and accepted the position of the Republic of Cyprus and the European Commission that the applicants had not established the existence of a manifest error on the part of the Commission.
The position of the Republic was that the role of the European Commission consists of a supervisory control of the procedures applied by the national authorities, with the technical aspects of the scientific documentation and the organoleptic and analytical characteristics of the product being examined at a technical level by the national authorities, which have the knowledge, experience and proximity to the production area and the production process.
The General Court, in its judgment, accepted the position of the European Commission that the scientific and analytical characteristics of the product are not in the interest of the national authorities.
On behalf of the Advocate General of the Republic, the case was handled by Ms Elena Zachariadou - Advocate General of the Republic, Ms Elena Simeonidou - Senior Advocate of the Republic and Ms Irene Neophytou - Senior Advocate of the Republic, and Professor Theodoros Georgopoulos, lawyer.
21 February 2024
Contents of this article including associated images are owned by PIO
Views & opinions expressed are those of the author and/or PIO
Source
