Not all cheese can be “feta”…

True star of our summer salads, Feta cheese was recently the subject of a decision by the Court of Justice of the European Union (CJEU).

This case opposed the European Commission, supported by Greece and Cyprus, and Denmark, which used the name “Feta“ (or “Danish Feta” and “Danish Feta cheese“) for a cheese produced on its territory, mainly from cow’s milk, which it then exported to countries outside the European Union.

However, since 2002, the name “Feta” has been registered as a Protected Designation of Origin (PDO), which limits the production of this cheese to certain regions of Greece (mainland Greece and the Department of Lesbos), and subject to compliance with precise specifications: the milk used to produce “Feta” cheese must come from ewes and goats of local breeds reared traditionally, whose feed must be based on the flora present in the pastures of eligible regions

Thus, only a cheese produced in these regions of Greece, and respecting the specifications of this PDO, will be able to bear the name “Feta“.

However, Denmark considers that Regulation (EU) No. 1151/2012 of November 21, 2012, on European quality systems (PDO, PGI, TSG), applies only to products sold on the territory of the Union and, therefore, would not prohibit Danish companies from using the name “Feta” to designate Danish cheese exported to third countries, where this name is not protected.

The Cour of Justice did not follow this opinion and agreed with the Commission in its decision of July 14, 2022 (C-159/20), stating that the use of the name “Feta” for Danish cheese infringes the intellectual property right that constitutes this PDO, and the objective of the regulation, which is to ensure a fair return for the products and to provide consumers with clear information on the properties of the product that give it added value. And this, “even if these products are intended to be exported to third countries“.

In this regard, the Court points out that Regulation (EU) No. 1151/2012 also prohibits the use of a registered name to designate products not covered by the registration that are manufactured in the Union and intended for export to third countries.

For the record, this is not the first time that the Feta PDO has been the subject of a decision before the CJEU. In 2005, Denmark, Germany and France had already requested the annulment of the PDO, on the grounds that this name had long been used by countries other than Greece. However, the Court recalled that “feta” produced elsewhere than in Greece is not a generic name, and that the production of “feta” made with cow’s milk was “misleading the consumer“.

This new judgment puts an end to the battle that has been going on for several years between Denmark and Greece over feta cheese. Danish producers will have to stop using this term for their cheeses, whether or not they are destined for third countries.

– Anaïs GREFFOZ, Intellectual Property Lawyer at Mark & Law