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nevertheless, Denmark has not infringed the duty of sincere cooperation as additionally claimed by the Commission

‘Feta’ was registered as a protected designation of origin (‘PDO’) in 2002.1 Since then, the name ‘Feta’ can be used only for cheese originating in the specified geographical area in Greece and complying with the relevant product specification.

In these infringement proceedings, the Commission, supported by Greece and Cyprus, claims that Denmark has breached its obligations under Regulation No 1151/20122 by failing to prevent or stop the use of the name ‘Feta’ for cheese produced in Denmark but intended to be exported to third countries.

Denmark claims, however, that Regulation No 1151/2012 applies only to products sold in the EU, and does not cover exports to third countries. It, therefore, does not deny that it does not prevent or stop the producers on its territory from using the name ‘Feta’ if their products are intended to be exported to third countries where the EU has not yet concluded an international agreement guaranteeing the protection of that name.

In her Opinion delivered today, Advocate General Tamara Ćapeta considers that Regulation No 1151/2012 covers such exports to third countries. She offers several reasons responding to the parties’ arguments.

First, the Advocate General acknowledges that, from Denmark’s perspective, such a reading might represent an obstacle to trade. However, the prohibition of exports to third countries of cheese under the name ‘Feta’ produced on Danish territory can be justified by reasons based on the protection of intellectual property rights.

Second, the Advocate General considers that the intellectual property interpretive perspective, as advanced by the Commission and the interveners, adequately explains the legislative intent behind Regulation No 1151/2012. The purpose of PDOs as intellectual property rights is to enable fair competition to producers of PDO products in exchange for their efforts to maintain and guarantee the high quality of their products. That enables survival of traditional businesses and ensures the diversity of products in the market. While free trade is undoubtedly one of the values respected by the EU legal order, the proposed interpretation takes into consideration other interests besides economic interests, which are also part of EU citizens’ perceptions as to what is a good quality of life.