Summaries of judgments

 

Summaries of judgments made in collaboration with the Portuguese judge and référendaires of the CJEU (Nuno Piçarra, Mariana Tavares and Sophie Perez)
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Judgment of the Court (Fourth Chamber) of 29 January 2020, GAEC Jeanningros v Institut national de l’origine et de la qualité (INAO) and Others – Case C-785/18, EU:C:2020:46

Reference for a preliminary ruling – Agriculture – Protection of geographical indications and designations of origin for agricultural products and foodstuffs – Protected designation of origin ‘Comté’ – Minor amendment to a product specification – Action before national courts contesting an application for an amendment – Case-law of the national courts according to which the action becomes devoid of purpose when the European Commission has approved the amendment – Effective judicial protection – Obligation to rule on the action

1. Facts

The request for a preliminary ruling concerned the interpretation of, inter alia, Article 53 of Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ 2012 L 343, p. 1). The main proceedings concerned the amendment of the product specification for the protected designation of origin (PDO) ‘Comté’.

On 8 September 2017, the Minister for Agriculture and Food and the Minister for Economic Affairs and Finance (France) issued a decree approving a minor amendment to the product specification for the ‘Comté’ PDO with a view to submitting that minor amendment to the Commission for approval, in accordance with the procedure laid down in Article 53 of Regulation No 1151/2012. By an action brought on 16 November 2017 before the Conseil d’État (Council of State, France), GAEC Jeanningros sought the annulment of the decree, in so far as it approved that minor amendment. While those proceedings were still pending, by decision published on 1 June 2018 (OJ 2018 C 187, p. 7), the Commission approved the application for a minor amendment to the product specification for the ‘Comté’ PDO at issue, in accordance with the second subparagraph of Article 53(2) of Regulation No 1151/2012.
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Produce more with less: CAP and digital divide

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by Isabel Espín, Professor at the Law School of Universidade de Santiago de Compostela


1. In a global perspective, the FAO Agenda calls attention to the increase in the world’s population, the rise in average income and the new consumer habits that will result in a greater demand for food in the coming decades, while the impact of climate change on natural resources makes it necessary to reduce the ecological footprint of our food production system. This sends the message that it will be necessary to improve both the productivity and the sustainability of the agricultural sector, which means that farmers will have to “produce more with less”.

Like any other productive sector, global agriculture is undergoing profound transformations related to new digital technologies and artificial intelligence, which gave rise to the concept of Smart Agriculture or Precision Agriculture, in other words, a modern farming management concept using digital techniques to monitor and optimise agricultural production processes.

The aim is to save costs, reduce environmental impact and produce more food, and for this purpose a number of technologies are made available to the farm “used for object identification, geo-referencing, measurement of specific parameters, Global Navigation Satellite Systems (GNSS), connectivity, data storage and analysis, advisory systems, robotics and autonomous navigation”([i]).

2. In the case of the European Union, the 4.0 revolution in agriculture is also confronted with the particularities of a sector of the economy in constant crisis and always in search of a necessary revitalization. It should not be forgotten that the Common Agricultural Policy (CAP) is one of the most complex policies of the European Union, and which receives a significant share of the Community budget.
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