The Supreme Court has determined that the regulatory councils of protected designations of origin (PDO) and protected geographical indications (PGI) are legitimized to demand compensation for damages when their designations are misused, according to a statement made this Thursday by the Spanish Association of Designations of Origin, Origen España.
The entity has valued "very positively" the ruling 253/2026, issued on July 21 by the Civil Chamber of the High Court, which, it claims, supports the position defended by the Regulatory Council of the PDO Jabugo and ratifies that it is possible to exercise compensation actions to safeguard the exclusive right of these figures of differentiated quality.
The origin of the litigation dates back to 2019, when the Regulatory Council of the PDO Jabugo detected that the term 'Jabugo' was being used to identify the services of a delicatessen. According to Origen España, the protected designation appeared both in the company's corporate name and in the signs of its points of sale.
In 2022, the Commercial Court number 2 of Bilbao concluded that the use of that term and related mentions in the promotion and sale of meat products violated European regulations, although in that ruling it rejected the request for financial compensation.
Later, the Provincial Court of Bizkaia confirmed the existence of an infringement and ordered the company to stop using the designation and to remove the commercial supports on which it appeared, but again dismissed the claim for compensation.
According to Origen España, the Supreme Court has now established that regulatory councils can request damages for the irregular use of a PDO, as long as the necessary legal requirements are met and proven.
The association has highlighted that the ruling clarifies a dispute over the interpretation of the previous Regulation (EU) 1151/2012, which did not expressly include a list of legal actions for the defense of geographical indications. This provision has been replaced by Regulation (EU) 2024/1143 which, according to the organization, strengthens the ability to undertake legal actions, although it also does not detail all available instruments in a closed manner.
So far, Origen España has recalled that the compensation requests must be based on the Law of Unfair Competition. The ruling, according to the association, clarifies that the lack of an express catalog of actions does not imply its exclusion and opens the door to claim compensations under the specific regulations on geographical indications.
The president of Origen España, Ángel Pacheco, has emphasized that the resolution "reinforces the ability of the Regulatory Councils to effectively defend their DOPs and IGPs," which he considers "an intangible heritage of rural territories."
Pacheco has added that the possibility of demanding compensations not only helps to remedy the damage caused but can also serve as "a deterrent tool" against new violations.
Origen España has warned, however, about the importance of the new European regulations being implemented in an "effective and homogeneous" manner across all member states, both in traditional commerce and in the digital realm.