A German producer of vinegar, “Balema GmbH”, had commercialized for about 25 years a spiced sweet-sour vinegar obtained from wines of the Baden region used as dressing, called “Balsamico” and “Deutscher balsamico”. The plaintiff, the Italian “Consorzio di Tutela dell ’ Aceto Balsamico di Modena IGP”, a collective body whose mission is to promote and protect the original product from the Modena region, took the view that the use of the Italian adjective “balsamico” for a German product represented a violation of their protected geographical indication (PGI) “Aceto Balsamico di Modena”, which is registered in the register of protected designations of origin and protected geographical indications and of Art. 13 (1) (b) of Regulation No. 1151/2012/EU…
