On 17 September, the Court of Justice of the European Union (CJEU) Advocate General Pitruzzella delivered his opinion on Case C 490/19, opposing the “Syndicat interprofessionnel de défense du fromage Morbier” and the French company “Fromagère du Livradois”. The case – referred to the CJEU in 2019 by the French “Cour de cassation” – concerns the interpretation of article 13.1 of Regulation 1151/2012 and its depth with respect to the reproduction by third parties of shapes and physical appearances of products bearing protected names. The “Syndicat interprofessionnel de défense du fromage Morbier” had seized the “Cour de cassation” contesting the use and commercialization by the French company “of a cheese product reproducing the visual appearance of the PDO “Morbier”. Pitruzzella concluded that “… reproducing the shape or appearance of a product covered by a registered name may constitute a prohibited practice under Article 13(1)(d) of Regulations No 510/2006 and No 1151/2012 if it is liable to mislead the consumer as to the true origin of the product. It is for the national court to assess, in each individual case, whether such a practice is illegal in the light of all the relevant elements and referring to the perception of the average European consumer who is reasonably well informed and reasonably observant and circumspect”. Read the conclusions’ full text
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