Champagne makers mark first win in ‘Champanillo’ legal battle after EU court ruling
The European Court of Justice (ECJ) has ruled that the EU’s protected designation of origin (PDO) for foodstuff and drinks extends to services, awarding the French champagne lobby a tactical win in a legal battle against a small Spanish restaurant chain.
When the French champagne lobby Comité Interprofessionnel du Vin de Champagne took legal action against Champanillo, a Spanish tapas bar chain with five restaurants in the Catalonia region, the provincial court of Barcelona referred the issue to the European Court of Justice (ECJ), asking how to apply the EU’s PDO scheme on the ground.
The plaintiff argued that the term champanillo – which means ‘little champagne’ in Spanish – as well as the use of two champagne coupes in the restaurant’s logo, infringe the EU’s geographical protection granted to champagne in 1973.
On 9 September, the EU judges ruled that, in assessing the potential infringement of the geographical indications (GIs) framework, the Spanish Court must consider that the 2011 quality scheme regulation protecting PDOs applies not only to foodstuff but also to services, like restaurants in the present court case.
According to this regulation, registered names are protected not only against misuse or imitation but also evocation of the place in which products are made.
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