EFFL - European Food and Feed Law Review

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Die Suche erzielte 3 Treffer.

Vito Rubino

European Food and Feed Law Review, Jahrgang 19 (2024), Ausgabe 2, Seite 77 - 86

The European Union’s green strategy pays particular attention to the role of the consumer in the contemporary process of ecological transition. In fact, thanks to their power of choice, consumers can condition market development with regard to the sustainability of products, the green choices of companies, their compliance with precise commitments in terms of SDGs and commercial transparency, etc. For this reason, the European Commission has included in the package of measures accompanying the ecological transition some rules aimed at strengthening the right of consumers to transparent and fair information, also in order to further clarify the responsibilities of economic operators in this area. The legislative process is still in progress: the European Commission has included them in its work programme 2024 reaffirming their centrality in the legal architecture of the Green Deal. However, there are some doubts as to whether it is actually possible for all the provisions contained in the proposals to be finally adopted before the end of the parliamentary term in June 2024. At the same time, some of these measures still have serious implications in terms of competition, which would require further reflection. After presenting the overall scenario described, this article will outline the legal elements that would require additional reflection and that could also be improved during the enforcement of the rules in question.

Vito Rubino

European Food and Feed Law Review, Jahrgang 13 (2018), Ausgabe 2, Seite 134 - 141

This comment on the Port Charlotte II judgment of 14 September 2017 analyses the position taken by the Court of Justice with regard to the convergence of wine Common Market Organisation (CMO) and the EU Regulations related to the protection of geographical names of other foodstuffs. The Court, starting from some elements of the 2009 BUD II judgment, outlines the same exhaustive character in all the European regulations regarding the matter. On this basis the Court holds irrelevant the previous Portuguese protection of the name “Port- Porto” in order to evaluate the existence of an “earlier right” which could preclude the registration of the trademark Port Charlotte. In this sense the judgment sets aside the previous evaluations of the General Court in 2015, which had reached a different decision. The article analyses the consequences of the Court’s systematic approach to the matter highlighting the elements of the CMO regulation that are not in line with this judgment with specific reference to the competences of the Member States in this field. The comment concludes, therefore, with two different considerations: 1) the EU Commission must take into account this judgment in the ambit of the new regulation of execution of the Single CMO related to wines (which is being done at the present time and will replace EU Regulation No. 607/2009); 2) in the context described it is urgent to re-think the structure of GIs protection in the European Union, limiting the European protection to the best known denominations and products, and leaving the Member States an independent power to protect geographical indications and traditional mentions of other foodstuffs (whose reputation is well known only at a local level).

Vito Rubino

European Food and Feed Law Review, Jahrgang 12 (2017), Ausgabe 4, Seite 326 - 334

This article analyses the developments in the EU case-law on the notion of “evocation” of a geographical indication protected by the European Union in order to precisely define the elements of this particular case, distinguish it from the so-called “product affinity” and misleading conduct of juxtaposition and confusion as to the origin and identity of products, as well as analysing the boundary between “evocation” and “indirect comparative advertising” in the context of a market with increasing competition between PDO/PGI products and similar generic products.

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