Judgment_paragraph 60 · Carl Kühne GmbH & Co. KG and Others v Jütro Konservenfabrik GmbH & Co. KG (C-269/99)

60So far as the question whether the designation ‘Spreewälder Gurken’ was established by usage within the meaning of Article 17 of Regulation No 2081/92 is concerned, it must be pointed out that that assessment is based on the checks which must be made by the competent national authorities, subject to review by the national courts if appropriate, before the application for registration is notified to the Commission. Since the assessment made by the competent German authorities does not appear to be tainted by a manifest error, the Commission could properly register the designation ‘Spreewälder Gurken’ under the simplified procedure.

Carl Kühne GmbH & Co. KG and Others v Jütro Konservenfabrik GmbH & Co. KG (C-269/99)

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