Denmark loses the "feta battle" - Companies

Denmark loses the “feta battle” – Companies

Denmark has breached its European obligations by letting its producers continue to export cheese under the protected designation of origin “feta”, ruled on Thursday the Court of Justice of the EU, seized of a request to which were associated Cyprus and Greece.

Feta cheese has been a protected designation at European level since 2002. In a judgment of 2005, the justice of the European Union had reserved for only producers based in Greece the right to call its emblematic sheep’s cheese “feta”, dismissing a German-Danish appeal.

But Denmark has since let its cheese producers continue to use the designation when exporting outside the EU. Consequence: the European Commission, supported by Greece and Cyprus, took legal action.

“Denmark has failed in its obligations by not ceasing to use the designation + feta + for cheeses intended for export to third countries”, concludes Thursday in a judgment the Court of Justice of the European Union (CJUE ).

The Scandinavian country should have “prevented and stopped such use committed on its territory”, according to a press release from the court established in Luxembourg.

However, the Court held that Denmark had not breached its obligations to “loyal cooperation” in this file.

Under CJEU rules, Denmark “must comply with the judgment as soon as possible”. If the European Commission considers that the Member State has not complied with the judgment, it can introduce a new appeal, this time requesting financial penalties.

Greece had authorized the EU in June 2020 to launch proceedings against Denmark for alleged appropriation of the protected designation of origin.

Feta cheese has been a protected designation at European level since 2002. In a 2005 judgment, the European Union justice had reserved only producers based in Greece the right to call its emblematic sheep’s cheese “feta”, dismissing a German-Danish appeal. But Denmark has since let its cheese producers continue to use the designation when exporting outside the EU. Consequence: the European Commission, supported by Greece and Cyprus, took legal action.”Denmark failed in its obligations by continuing to use the designation +feta+ for cheeses intended for export to third countries “, concludes Thursday in a judgment of the Court of Justice of the European Union (CJEU). The Scandinavian country should have “prevented and stopped such use committed on its territory”, according to a press release from the court established in Luxembourg. The Court however, considered that Denmark had not breached its obligations of “loyal cooperation” in this case. Under CJEU rules, Denmark “must comply with the judgment as soon as possible”. If the European Commission considers that the Member State has not complied with the judgment, it can introduce a new appeal, this time asking for financial penalties. Greece had authorized the EU in June 2020 to launch a procedure against the against Denmark for alleged appropriation of the protected designation of origin.

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