Melton Mowbray and the GI pie in the sky: exploring cartographies of protection

Abstract

Reviews the basis for protected geographical indication (PGI) status under Council Regulation 2081/92 and whether its structural shortcomings are highlighted by the decision to refer the Melton Mowbray pork pie dispute to the European Court of Justice (ECJ). Details the facts of the case, the challenge of accurately establishing a cartographical boundary in accordance with the Regulation and the extent to which contrasting French and German approaches to PGI influenced the legislation and resulted in structural compromises. Considers the ECJ's options and whether a coherent set of factors might reconcile the approaches and define production limits in such cases