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3 March 2011 * in Case C-161/09, REFERENCE for a Preliminary JUDGMENT OF 3. 3. 2011 — CASE C-161/09 JUDGMENT OF THE COURT (First Chamber) 3 March 2011 * In Case C-161/09, REFERENCE for a preliminary ruling under Article 234 EC from the Simvoulio tis Epikratias (Greece), made by decision of 29 May 2008, received at the Court on 8 May 2009, in the proceedings Kakavetsos-Fragkopoulos AE Epexergasias kai Emporias Stafidas, formerly K. Fragkopoulos kai SIA OE, v Nomarchiaki Aftodioikisi Korinthias, intervening parties: Ypourgos Georgias, * Language of the case: Greek. I - 946 KAKAVETSOS-FRAGKOPOULOS v NOMARCHIAKI AFTODIOIKISI KORINTHIAS Enosis Agrotikon Synaiterismon Aigialeias tou Nomou Achaïas, THE COURT (First Chamber), composed of A. Tizzano, President of the Chamber, J.-J. Kasel (Rapporteur), A. Borg Barthet, M. Ilešič and M. Berger, Judges, Advocate General: P. Mengozzi, Registrar: R. Şereş, Administrator, having regard to the written procedure and further to the hearing on 8 July 2010, after considering the observations submitted on behalf of: — Kakavetsos-Fragkopoulos AE Epexergasias kai Emporias Stafidas, formerly K. Fragkopoulos kai SIA OE, by I. Ktenidis, dikigoros, — the Greek Government, by E. Leftheriotou, A. Vasilopoulou and V. Kontilaimos, acting as Agents, I - 947 JUDGMENT OF 3. 3. 2011 — CASE C-161/09 — the Netherlands Government, by C. Wissels and J. Langer, acting as Agents, — the European Commission, by M. Patakia, acting as Agent, after hearing the Opinion of the Advocate General at the sitting on 16 September 2010, gives the following Judgment 1 This reference for a preliminary ruling concerns the interpretation of Article 29 EC. 2 The eferencer was made in proceedings between K. Fragkopoulos kai SIA OE, a Greek undertaking and predecessor in title of Kakavetsos-Fragkopoulos AE Epexergasias kai Emporias Stafidas (‘Fragkopoulos’), and the Nomarchiaki Aftodi- oikisi Korinthias (the Prefectural Authority of Corinthia) concerning the latter’s re- fusal to authorise Fragkopoulos to transport, store, process and pack – for onward I - 948 KAKAVETSOS-FRAGKOPOULOS v NOMARCHIAKI AFTODIOIKISI KORINTHIAS export – currants in bulk from a geographical area other than that in which that undertaking is established. Legal context European Union law 3 Article 1 of Council Regulation (EC) No 2201/96 of 28 October 1996 on the common organisation of the markets in processed fruit and vegetable products (OJ 1996 L 297, p. 29) provides that the common organisation of the markets which it establishes cov- ers, inter alia, dried grapes (Code NC 0806 20). 4 Commission Regulation (EC) No 1549/98 of 17 July 1998 supplementing the Annex to Regulation (EC) No 1107/96 on the registration of geographical indications and designations of origin under the procedure laid down in Article 17 of Council Regula- tion (EEC) No 2081/92 (OJ 1998 L 202, p. 25) registers inter alia the protected desig- nation of origin (‘PDO’) Κορινθιακή Σταφίδα Βοστίτσα (Korinthiaki Stafida Vostitsa) under the heading ‘Products intended for human consumption listed in Annex II to the Treaty’. I - 949 JUDGMENT OF 3. 3. 2011 — CASE C-161/09 National legislation 5 Article 1 of Law 553/1977 on measures to protect and support exports of currants and other related questions (FEK A’ 73) provides as follows: ‘1. The land on which currants are cultivated shall be divided as follows: (a) area A, which includes the Sub-prefecture (Eparchy) of Aigialeia and the former municipalities of Erineos, Krathida and Felloi in the Prefecture (Nome) of Achaea and the Prefecture of Corinthia; (b) area B, which includes the Prefectures of Zante and Kefalonia, the island of Lefka- da, the Prefecture of Ilia, the Prefecture of Achaea (except for the Sub-prefecture of Aigialeia and the former municipalities of Erineos, Krathida and Felloi) and the Prefecture of Messinia. 2. It is prohibited to bring currants from area B into area A for storage, packing, and export abroad. 3. It is permitted to bring currants from area A into area B and to export such cur- rants once they have been mixed with currants from area B, subject to the conditions laid down in Article 2(3) and (4) of the present law. I - 950 KAKAVETSOS-FRAGKOPOULOS v NOMARCHIAKI AFTODIOIKISI KORINTHIAS 4. It is prohibited to transport currants from the Sub-prefecture of Aigialeia and the former municipalities of Erineos, Krathida and Felloi in the Prefecture of Achaea to the Prefecture of Corinthia for packing and vice versa.’ 6 Article 2 of Law 553/1977 is worded as follows: ‘1. All types of packaging containing currants cultivated in area A which are packed in that area and intended for export must be labelled with the letter “A” and the word: (a) “ΒΟΣΤΙΤΣΑ”(“VOSTIZZA”), where the currants are cultivated in the Sub-pre- fecture of Aigialeia and the former municipalities of Erineos, Krathida and Felloi in the Prefecture of Achaea, packed in that area and exported from the port of Aigio; (b) “ΚΟΡΦΟΣ” [“KORFOS”] (“GULF”), where the currants are cultivated in the Pre- fecture of Corinthia, packed in that prefecture, and exported from the ports of Kiato or Corinth. 2. Leaflets or advertising material describing the quality and, more generally, the meaning of the words “Vostizza” or “Gulf” may be placed in the various forms of packaging for currants from the abovementioned areas. I - 951 JUDGMENT OF 3. 3. 2011 — CASE C-161/09 3. All types of packaging containing currants consisting of a mixture of dried grapes from areas A and B packed in area B must be labelled with the word “PROVINCIAL” and, optionally, the name of the place in which they were packed. 4. All types of packaging containing currants cultivated in area B, packed in that area and intended for export must be labelled with the word “PROVINCIAL” and, option- ally, the following words, to the exclusion of any other: (a) “ZANTE”, for currants cultivated and packed in Zante and currants packed in area B in general, originating from the island of Zante, as certified by carriage authorisations issued by the ASO (Autonomous Dried Grape Organisation), and exported abroad from any port in area B; (b) “CEPHALLONIA”, for currants cultivated and packed in Kefalonia or Lefkada and currants cultivated and packed in area B in general, originating from the Pre- fecture of Kefalonia and the island of Lefkada, as certified by carriage authorisa- tions issued by the ASO, and exported abroad from any port in area B; (c) “AMALIAS”, for currants packed in the region of Amaliada and currants packed in area B in general originating from the region of Amaliada, that is, from the for- mer municipalities of Elisi, Ilida, Pinion and Mirtoundion in the Prefecture of Ilia, as certified by carriage authorisations issued by the ASO, and exported abroad from any port in area B; …’ I - 952 KAKAVETSOS-FRAGKOPOULOS v NOMARCHIAKI AFTODIOIKISI KORINTHIAS 7 Article 3 of Law 553/1977 provides as follows: ‘1. Currants shall be exported abroad in accordance with the following conditions: (a) those labelled with the word “Vostizza”, from the port of Aigio; (b) those labelled with the word “Gulf”, from the ports of Corinth and Kiato; (c) those labelled with the words “Zante”, “Cephallonia” and “Amalias”, from any of the ports of export in area B; …’ 8 According to the Simvoulio tis Epikratias (Council of State), it is apparent from the statement of reasons for Law 553/1977 that the reason why the dry grape-producing regions are divided into area A and area B is because the dried grapes cultivated in area A are considered to be of superior quality to those grown in area B. Area A is itself divided into two sub-areas, the first of which produces dried grapes of a higher qual- ity. As regards the conditions under which dried grapes may be transported between areas A and B, it is also apparent from the statement of reasons for Law 553/1977 that, in order to improve the quality of dried grapes from area B, dried grapes from area A may be brought into that area and mixed with dried grapes which are cultivated there. Moreover, the different labels referred to in Article 2 of Law 553/1997 were considered essential for ensuring the protection of the superior quality of the dried grapes originating from area A, informing consumers of the origin of the products, I - 953 JUDGMENT OF 3. 3. 2011 — CASE C-161/09 highlighting the areas in which the dried grapes were cultivated or packed and, lastly, indirectly raising the profile of the work of dried grape producers. 9 By decree of 22 November 1993, the Ypourgos Georgias (Ministry of Agriculture) accorded recognition to the name ‘Vostizza’ as a PDO for currants produced from grapes of the ‘Black Corinth’ variety originating from the Sub-prefecture of Aigia- leia and the former municipalities of Erineo, Drathida and Felloï in the Prefecture of Achaea (first sub-area of area A). Moreover, since 2008, dry grapes originating from the island of Zante, which is one of the regions in Area B, have benefited from the PDO Σταφίδα Ζακύνθου (Stafida Zakynthou). The dispute in the main proceedings and the questions referred for a preliminary ruling 10 It is apparent from the order for reference that Fragkopoulos, which is engaged in processing and marketing currants, has a dried grape processing and packing plant in the region of Kiato (Corinthia). That region is in the second sub-area of area A, which produces dried grapes of the ‘Korfos’ variety, which are not covered by the national and Community PDO enjoyed only by the ‘Vositzza’ variety at the material time. 11 In order to be able to transport, store, process and pack in the Prefecture of Corinthia dry grapes from the other parts of area A and from area B with a view to marketing them – including in other Member States – Fragkopoulos applied to the Nomarchiaki Aftodioikisi Korinthias for authorisation.
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