Well, since this is about law, courts and - add insult to injury - about EU-laws, the story started in the late 90's in Italy, came then to the European Court, because:
"Nuova Castelli SpA (hereinafter 'Castelli'), of which Mr Bigi is the person vested with legal representation, is a company which produces several types of cheese in Italy. As well as producing a cheese which conforms to the specification for the PDO 'Parmigiano Reggiano', it has, for some considerable time, produced a dried, grated pasteurised cheese in powder form, made from a mixture of several types of cheese of various origins, which does not comply with that specification and which may not therefore be sold in Italy. That second type of cheese, sold with a label bearing the word 'parmesan', is marketed exclusively outside Italy, inter alia in France.
On 11 November 1999, a quantity of that second type of cheese, packaged with that label bearing the word 'parmesan' and intended for export towards other Member States was seized at the premises of a distributor established in Parma. The seizure was made following a complaint by the Consorzio, a grouping of producers of cheese bearing the PDO 'Parmigiano Reggiano' which claimed damages in criminal proceedings brought against Mr Bigi in the Tribunale di Parma.
Mr Bigi is charged with fraudulent trading and selling industrial products with misleading indications by producing and marketing that cheese in those circumstances. Mr Bigi is also accused of having contravened the prohibition on using recognised designations of origin or typical designations, altering or partially modifying them by adding, even if indirectly, qualifying terms, such as 'type', 'purpose', 'taste' or similar expression.
In his defence, Mr Bigi relies on the provisions of Article 13(2) of Regulation No 2081/92 and contends that the Italian Republic is not entitled to prohibit producers established in Italy from manufacturing cheese which does not meet the requirements of the PDO 'Parmigiano Reggiano', where that cheese is intended to be exported for marketing in other Member States." source: Cases,
Court of Justice
Since the judges at the "Tribunale di Parma" were unsure about the correct interpretation of the Community legislation applicable, they asked the Court of Justice for a preliminary ruling.
The German Government argues, the designation 'parmesan' used by Mr Bigi was a generic name and not a PDO within the meaning of EU Regulation No 2081/92.
And now, the EU Commision has to file suit against Germany.
Link (in German)
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