Squire Patton Boggs Advises German Government in Case with Far-reaching Consequences for the Geographical Protection of Artisanal and Industrial products.
On 13 November 2025 (C-563/24), the European Court of Justice handed down a landmark ruling that affects not only the food sector, but also traditional geographical indications for other artisanal and industrial products from December 2025 onwards. Squire Patton Boggs partner Dr. Christofer Eggers in the Frankfurt office was assistant counsel of the German government in the case.
Traditional designations have long been comprehensively protected in the food sector. This applies in particular to geographical indications such as "Champagne", "Prosciutto di Parma" and "Nürnberger Lebkuchen" (Nuremberg gingerbread), as well as to individual sectors such as dairy products and spirits. Back in 2017, the ECJ decided (Tofu Town, judgment of 14 June 2017 – C-422/16) that the designation "tofu butter" is prohibited for a plant-based product, even if the protected designation "butter" is accompanied by clarifying or descriptive information that excludes any possibility of misleading the consumer. This ruling has now been confirmed and extended.
The Potsdam Regional Court had referred the question to the ECJ as to whether such far-reaching protection of designations falls within the competence of the EU at all. In the underlying case, the Potsdam Regional Court had concluded from EU Spirits Regulation 2019/787 that a designation such as "alcohol-free gin" was not permissible for an alcohol-free spirits alternative. The Potsdam Regional Court was of the opinion that there was no reasonable justification for this ban; consumers would not be misled. The company concerned would be unreasonably prevented from correctly describing and marketing its new product. The Potsdam Regional Court saw this as a violation of the European Charter of Fundamental Rights, in particular of entrepreneurial freedom.
The ECJ has now clearly rejected this. The European Union is indeed authorised to impose such far-reaching designation bans. In the case decided, the ban on the designation "non-alcoholic gin" therefore remains in place. Dr. Christofer Eggers explains that, in this case, “the ECJ clearly states that it is irrelevant that the legally prescribed designation is accompanied by the addition ‘alcohol-free’. The allusion to the protected designation remains prohibited, even if it does not lead to misleading consumers.”
The decision is not only significant for the food sector. From 1 December 2025, the new Regulation 2023/2411 on the protection of geographical indications for artisanal and industrial products will also apply in the EU. Until now, indications of origin for traditional products outside the agricultural sector have only been protected in isolated cases. In Germany, the Solingen Regulation is particularly well known – it protects the designation "Solingen" for cutlery from the industrial area of Solingen. Now, producer groups and individual producers who produce and market traditional products with a geographical origin can also claim corresponding protection.
Dr. Eggers, who also brought about the ECJ's "balsamic vinegar" decision (judgment of 4 December 2019 – C-432/18), explains: "This development can certainly be viewed with ambivalence. Comprehensive protection of designations and allusions can also act as a barrier to innovation; as demonstrated by the discussion surrounding vegan meat substitutes. Producers of traditional products, such as Black Forest clocks, Erzgebirge wood carvings, porcelain, jewellery or textiles, such as Donegal tweed, should definitely consider whether it makes sense for them to claim this protection. Outside the agricultural sector, too little attention has been paid to this issue so far.”
Dr. Eggers also points out that there is an important aspect that is easily overlooked: “The EU Packaging Regulation is introducing an obligation to minimize all packaging as of 2030. There are few exceptions. One applies to protected geographical indications for all those products; something which all producers of traditional products should take into account.”
