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 2025

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

Licensing chief Patrik Hammarén also reveals that the company will rename its IPR business to better reflect its role in defining standards
The acquisition of Pecher & Partners follows the firm’s earlier expansion into litigation to create a ‘one-stop shop’
News of Via Licensing Alliance launching its first semiconductor patent pool and INTA electing a new president were also among the top talking points
Submit your nominations to this year's WIBL Americas Awards by January 23
The 2026 Life Sciences EMEA Awards is now open for entries. We are looking forward to reviewing and celebrating the industry's most impressive achievements and landmarks from the past year.
The tie-up between Perkins Coie and Ashurst may generate some striking numbers, but independent IP firms need not worry yet, according to practitioners
Perkins Coie’s US patent prosecution strength could provide Ashurst with an opportunity to enter an untapped market in Australia, but it may not be easy
Mitesh Patel at Reed Smith outlines why the US Copyright Office and courts have so far dismissed AI authorship and how inventors can protect AI-generated works
Xia Zheng, founder of AFD China, discusses balancing legal work with BD, new approaches to complex challenges, and the dangers of ‘over-optimism’
A dispute involving semiconductor technology and a partner's move from Hoffman Eitle to Hoyng Rokh Monegier were also among the top talking points
Gift this article