EU: Hangover for PDOs

Managing IP is part of Legal Benchmarking Limited, 1-2 Paris Gardens, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

EU: Hangover for PDOs

Producers of champagne probably did not have a toast to the recent ruling of the CJEU about protected designations of origin (PDOs). The CJEU has broadened the possibilities for commercial parties to use PDOs, such as "champagne", opening the door to various (allowed) usages of PDOs for products that do not correspond to the product specifications.

The case started when foodstuffs company Aldi was sued by CIVC (an association of champagne producers) over the use of the name "Champagner sorbet" in connection with a sorbet product with a champagne flavor. CIVC claimed that Aldi was exploiting the reputation of the PDO "champagne" and therefore misusing the word "champagne", referring to the strict rules that apply to the use of PDOs.

The court first established that the regulation regarding the organisation of the markets in agricultural products also applies in case the product for which a PDO is used contains an ingredient that corresponds to the product file. So as a result, the claims against Aldi can be made under this regulation. Further in the decision, the court reaffirms one of the ratios of protecting PDOs, namely to offer a guarantee of quality.

However, not every use of a PDO for a product that contains one of the relevant ingredients is forbidden, and the mere use in itself does not constitute an unlawful act. The circumstances of each case need to be taken into account for such determination. The CJEU further holds that the use of the PDO is not unlawful if the product contains an ingredient that confers on the foodstuff involved one of its essential characteristics. In particular, where the name of the foodstuff indicates that it contains an ingredient protected by a PDO, which is intended to convey the taste of the foodstuff, the taste imparted by that ingredient must constitute the essential characteristic of that foodstuff. In other words, the use of a PDO by a commercial party is considered lawful if the foodstuff involved has the same taste as the foodstuff for which the PDO is protected.

Manufacturers of foodstuffs will be happy to learn that they can use PDOs more liberally. The possibilities for them to create the same flavors seem endless, and no doubt many manufacturers will follow Aldi.

Jurriaan Cleuver


V.O.Carnegieplein 5, 2517 KJThe HagueThe NetherlandsTel: +31 70 416 67 11Fax: +31 70 416 67 99info@vo.euwww.vo.eu

more from across site and SHARED ros bottom lb

More from across our site

New partners, from biotech company Leyden Labs and Novartis, take the total number of partner hires to 12 since the firm took on external investment in late 2024
Labelled the ‘largest law firm merger in history’, the new outfit could also spell an opportunity for US clients to capitalise on Hogan Lovells' UPC expertise
Andy Lee and Amy Brooks of Brandsmiths explain how the firm secured a win for Peppa Pig over rival children’s character Wolfoo, in a case that centred on copied audio clips
Pedro Moreira outlines proposals by INPI that look set to open a discussion regarding biological materials, extracts, sequences, genetically edited plants, and computer programs
The combined firm, which has a newly appointed IP partner in London, brings together more than 3,500 practitioners across 52 offices, with flagship hubs in Seattle, London, Sydney and New York
A host of SEP-rich law firms, both leading arguments and as intervenors, are set to feature in the UK Supreme Court’s third FRAND episode, though one ground of appeal has been settled
Law firms are investing in generative engine optimisation and boosting their online presence in the hope of gaining a new client base
A decision on a licensing rate payable by Warner Bros and Paramount, and a survey outlining UK businesses’ lack of IP preparation ahead of launching abroad, were among other major talking points
A fresh wave of deals highlights why investors favour IP firms and why independent outfits may soon have to rethink their strategy
King & Spalding has now hired 15 partners from Winston Taylor and legacy firm Winston & Strawn in offices spanning Texas, San Francisco, and Chicago
Gift this article