Wine Law

19 Notwithstanding the restrictive approach of the ECJ, the German Federal Court of Justice, on May 2020 9 , has granted protection to the Italian geographical indication “Aceto Balsamico di Modena”, arguing that the protection is not limited to the sign as a whole, but also to the different terms included in the designation, since the term “balsamico” is directly evocative of the Italian product. This decision surely constitutes a great achievement for an effective protection, at an EU level, of the DOs and GIs of the different member States, in particular for Italy. Moreover, it is interesting to notice that the German ruling appears to be in line with the Italian case-law, on this specific point. As a matter of fact, the Court of Appeal of Bologna, with its decision of 17 September 2019, has recognised the full protection of the term “balsamico”, in the light of the “Aceto Balsamico di Modena” geographical indication, against any form of misappropriation, thus confirming the administrative sanction issued by the Italian Minister of Agriculture, against an Italian company which used the expression “ balsamoso – condimento balsamico ”, in order to characterise its products, different from vinegar. In that case, the risk of confusion for the public of consumers was even worsened by the indirect references, on the label of the product, to the geographical area of Modena and to vinegar. In conclusion, the aceto balsamico cases have brought to a further enhancement of the effectiveness of the protection of designations of origin and geographical indications, in the different European countries, despite the analysed decision of the European Court of Justice. Furthermore, as a conclusive remark, it is worth recalling that the abovementioned ruling does not seem to represent the general trend of the ECJ, in the protection of DOs and GIs. Indeed, the same Court, with its decision of 02 May 2019 (C-614/2019) has stated that the use of figurative signs, evoking the geographical area, with which a designation of origin is associated, may constitute an unlawful evocation of the relevant designation of origin. This ruling - issued in a proceeding promoted by the Spanish Consortium of the “Queso Machego” designation of origin, a well-known Spanish cheese, against the use of some illustrations of Don Quixote and of the Castilian mills, on a label of a cheese product, 9 See the decision of the Bundesgerichtshof of 28 May 2020, in case no. I ZR 253/16, in Darts.ip.