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The search returned 6 results.

Protection of Geographic Indications and Designations of Origin in the Queso Manchego Case journal article

Fausto Capelli, Barbara Klaus

European Food and Feed Law Review, Volume 14 (2019), Issue 5, Page 453 - 458

Court of Justice of the European Union (CJEU) again decides on the extent of the scope of protection for geographical indications and designations of origin for agricultural products and foodstuffs and confirms that the ban of any misuse, imitation or evocation shall be interpreted very widely 1. Article 13(1)(b) of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs must be interpreted as meaning that a registered name may be evoked through the use of figurative signs. 2. Article 13(1)(b) of Regulation No 510/2006 must be interpreted as meaning that the use of figurative signs evoking the geographical area with which a designation of origin, as referred to in Article 2(1)(a) of that regulation, is associated may constitute evocation of that designation, including where such figurative signs are used by a producer established in that region, but whose products, similar or comparable to those protected by the designation of origin, are not covered by it. 3. The concept of the average consumer who is reasonably well informed and reasonably observant and circumspect, to whose perception the national court has to refer in order to assess whether there is ‘evocation’ within the meaning of Article 13(1)(b) of Regulation No 510/2006, must be understood as covering European consumers, including consumers of the Member State in which the product giving rise to evocation of the protected name is made or with which that name is geographically associated and in which the product is mainly consumed.


Chocolate can also be made from pure Cocoa but one should be careful how to communicate this on the Label journal article

Fausto Capelli, Barbara Klaus

European Food and Feed Law Review, Volume 6 (2011), Issue 2, Page 88 - 95

On 25 November 2010, the European Court of Justice, in Case C-47/09, found that, by providing that the adjective “pure” may be added to the sales name of chocolate products which do not contain vegetable fats other than cocoa butter, the Italian Republic has failed to fulfil its obligations under the European Law; by violating Directive 2000/36/EC of the European Parliament and of the Council of 23 June 2000 relating to cocoa and chocolate products intended for human consumption as well as Directive 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs. The present Article explains the genesis of this “chocolate dispute”, with traces back to the seventies and which shows the different understanding of consumer in the different Member States on the composition of specific categories of foodstuffs, such as chocolate products. This case is therefore a clear example for the difficult “balancing act” between guaranteeing the free movement of goods on the one hand and proper protection of consumers’ interests, particularly the right of clear information regarding the characteristics of foodstuffs offered for sale; combined with Member States’ legitimate interests in protecting the quality of food and agricultural products.


Is Garlic a Food or a Drug? journal article

Fausto Capelli, Barbara Klaus

European Food and Feed Law Review, Volume 4 (2009), Issue 6, Page 10

I. Introductory notes If somebody had read the title of this article a few years ago, he or she would have objected that the question in it did not make actually much sense. As a matter of fact garlic, beyond being a foodstuff, has been known from time immemorial to produce generally positive effects on health. Nobody has therefore invented something on this matter. Or, if inventing means seeing what all people see and understanding what the others do


The Marketing of Olive Oil by the so-called „Bag in the Box“ Method journal article

Fausto Capelli

European Food and Feed Law Review, Volume 2 (2007), Issue 1, Page 10

2 The Marketing of Olive Oil by the so-called „Bag in the Box" Method EFFL 1|2007 I. Preliminary observations As is known, olive oil is a typical ingredient of the Mediterranean cuisine. But in recent years, the use of olive oil, due to its organoleptic and nutritional characteristics, as well as its positive affects on health, has also increased in the central and northern European area. Without doubt, olive oil has a special position among the vegetable


Editorial0506 journal article

Fausto Capelli

European Food and Feed Law Review, Volume 1 (2006), Issue 5, Page 3

EFFL 5|2006 Editorial 267 The contributions to the fifth issue of EFFL cover a broad spectrum. The leading article of Miguel Ángel Recuerda Girela is addressed to the application of the precaution principle. Furthermore, Katharina Kossdorff gives an overview of the new Austrian Food Safety and Consumer Protection Act which came into force in January 2006 and aims to adapt the national food law principles and procedures in order to comply with the general framework e


Protection of the Designations of Origin and of the Geographical Indications of Agricultural Products: The New Community Regulation No. 510/2006 and the Italian “Sanctioning” Decree journal article

Fausto Capelli

European Food and Feed Law Review, Volume 1 (2006), Issue 3, Page 9

The New Community Regulation No. 510/2006 and the Italian “Sanctioning” Decree I. Preamble The famous Regulation (EC) No. 2081/92,1 which in nearly 15 years of application has lead to the registration of all designations of origin and geographical indications of more than 700 European agricultural products, has been abrogated and replaced by Regulation (EC) No. 510/2006,2 which came into force on 31 March 2006. As is well known, the Regulation (EC) No

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