«(Protected designations of origin – Regulation (EEC) No 2081/92 – Regulation (EC) No 1107/96 – Prosciutto di Parma – Specification – Requirement for ham to be sliced and packaged in the region of production – Articles 29 EC and 30 EC – Justification – Whether requirement may be relied on against third parties – Legal certainty – Publicity)»

1.. Agriculture – Uniform laws – Protection of geographical indications and designations of origin for agricultural products and foodstuffs – Use of a protected designation of origin subject to the condition that operations such as slicing and packaging of the product take place in the region of production – Whether permissible (Council Regulation No 2081/92)

2.. Free movement of goods – Quantitative restrictions of experts – Measures having equivalent effect – Use of the protected designation of origin Prosciutto di Parma subject, under a Community measure, to the condition that the product is sliced and packaged in the region of production – Justification – Protection of industrial and commercial property – Measure that is necessary and proportionate and capable of upholding the reputation of the designation of origin – Whether condition may be relied on against economic operators – Not in the absence of adequate publicity (Arts 29 EC and 30 EC; Commission Regulation No 1107/96)

JUDGMENT OF THE COURT 20 May 2003 (1)

((Protected designations of origin – Regulation (EEC) No 2081/92 – Regulation (EC) No 1107/96 – Prosciutto di Parma – Specification – Requirement for ham to be sliced and packaged in the region of production – Articles 29 EC and 30 EC – Justification – Whether requirement may be relied on against third parties – Legal certainty – Publicity))

In Case C-108/01,

REFERENCE to the Court under Article 234 EC by the House of Lords (United Kingdom) for a preliminary ruling in the proceedings pending before that court between

and

on the interpretation of Council Regulation (EEC) No 2081/92 of 14 July 1992 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ 1992 L 208, p. 1), as amended by the Act concerning the conditions of accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden and the adjustments to the Treaties on which the European Union is founded (OJ 1994 C 241, p. 21, and OJ 1995 L 1, p. 1), and of Commission Regulation (EC) No 1107/96 of 12 June 1996 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Regulation No 2081/92 (OJ 1996 L 148, p. 1),

THE COURT,,

composed of: G.C. Rodríguez Iglesias, President, J.-P. Puissochet, M. Wathelet, R. Schintgen and C.W.A. Timmermans (Presidents of Chambers), C. Gulmann (Rapporteur), D.A.O. Edward, P. Jann, V. Skouris, F. Macken, N. Colneric, S. von Bahr and J.N. Cunha Rodrigues, Judges,

Advocate General: S. Alber,

after considering the written observations submitted on behalf of:

having regard to the Report for the Hearing,

after hearing the oral observations of Consorzio del Prosciutto di Parma and Salumificio S. Rita SpA, Asda Stores Ltd and Hygrade Foods Ltd, the French Government, the Italian Government and the Commission at the hearing on 19 February 2002,

after hearing the Opinion of the Advocate General at the sitting on 25 April 2002,

gives the following

National legislation

Community law

...

Whether the use of a PDO may be subjected to a condition that operations such as the slicing and packaging of the product be carried out in the region of production

Whether the condition for the PDO Prosciutto di Parma that the product must be sliced and packaged in the region of production constitutes a measure having equivalent effect to a quantitative restriction on exports

Whether the condition that the product is sliced and packaged in the region of production is justified

Whether the condition of slicing and packaging in the region of production can be relied on against economic operators

Observations submitted to the Court

Findings of the Court

On those grounds,

THE COURT,

in answer to the question referred to it by the House of Lords by order of 8 February 2001, hereby rules:

Rodrígues Iglesias

Puissochet

Wathelet

Schintgen

Timmermans

Gulmann

Edward

Jann

Skouris

Macken

Colneric

von Bahr

Cunha Rodrigues

Delivered in open court in Luxembourg on 20 May 2003.

R. Grass

G.C. Rodríguez Iglesias

Registrar

President