Another grilling: Dismissal of request to annul the registration of “Halloumi” as PDO
The General Court of the European Union in its recent judgment delivered on 21 February 2024 dismissed the request of several dairy companies to annul the registration of “Halloumi”, the Cypriot cheese delicacy, as a protected designations of origin (PDO) and a protected geographical indication (PGI).
A PDO and a PGI recognition protects the name of a specific product providing consumers with clear and concise information on their origin. A PDO recognition provides stronger links to the product’s manufacturing place, whereas a PGI recognition underlines the connection between the product's name and its unique geographical location. As a result, the intellectual property rights of a product are attributed to the European country where the product’s reputation can be traced.
On 5 April 2012 a number of Cypriot companies involved in the cheese industry filed an application with the Cypriot authorities to register the name “Halloumi” as a PDO, specifying the milk composition required for a product to be labelled with this name.
The Cypriot authorities then filed an application with the European Commission requesting the registration of the name at issue as a PDO. On 12 April 2021 the European Commission, after considering numerous oppositions, adopted Regulation (EU) 2021/59, entering the name “Halloumi” in the PDO and PGI register.
Various dairy companies that applied to the General Court contested the adoption of the regulation alleging, inter alia, that (a) the regulation was adopted based on an irregular procedure, as far as it concerns the examination of the oppositions at national level, (b) the procedure for the adoption of the regulation was excessively lengthy, and (c) the Commission failed to scrutinise properly the application for registration.
The General Court, while rejecting all the pleas put forward against the adoption of the regulation, clarified that the EU Courts do not have the jurisdiction to rule on the lawfulness of the procedures followed by national authorities and particularly the time granted by the Cypriot authorities for the filling of the oppositions.
Furthermore, the General Court pointed out that the applicants failed to adduce any specific evidence to prove that the time taken by the Commission to adopt the regulation impacted in any way their decision or those persons who produce or market the products concerned.
Finally, the General Court clarified that, the Commission is not required to confirm that the method of production specified in the application for the registration of a name as a PDO complies with prior national production standards.
The General Court dismissed the applicant’s request and “Halloumi” remains registered as a PDO and PGI.
Halloumi can be seen through its traditions, art and Mediterranean kitchen, sufficiently justifying the link between the quality and characteristics of the product with its geopolitical environment of origin and thus the attribution of its intellectual property rights to Cyprus.