EU Commission confirms: “Emmentaler” remains a generic term
The cheese is not recognized as a protected designation of origin.
On January 23, 2025, the EU Commission ruled that the term “Emmentaler” will not be recognized as a protected designation of origin within the European Union. Instead, it confirmed that the term is a generic name that may be used freely. BOEHMERT & BOEHMERT successfully represented an international dairy consortium in this case, preventing Switzerland from monopolizing the name.
Background: Dispute Over Origin Protection
In March 2024, Switzerland applied for the international registration of the term “Emmentaler” as a protected designation of origin under the Geneva Act of the Lisbon Agreement. The goal was to reserve the name exclusively for cheese produced in the Swiss Emmental region. However, the EU Commission’s Directorate-General for Agriculture and Rural Development rejected the application, arguing that the term is no longer historically or culturally limited to Switzerland.
EU Commission’s Decision
In its Implementing Decision (EU) 2025/107, the EU Commission justified its ruling by stating that “Emmentaler” has been produced in several EU countries since the 19th century. Three protected geographical indications within the EU already include “Emmentaler” or a linguistic variation of the name, referring to cheese produced outside Switzerland:
- “Allgäuer Emmentaler” (PDO), produced in Germany,
- “Emmental français est-central” (PGI), produced in France,
- “Emmental de Savoie” (PGI), also produced in France.
Implications: Legal Certainty and Fair Competition
The EU Commission’s decision ensures legal certainty and prevents market distortions, as the term “Emmentaler” has long been recognized internationally as a type of cheese with characteristic holes—rather than as an indication of Swiss origin.
Dairies in the EU and beyond retain their production freedom. Manufacturers may continue using the name as long as they comply with national production regulations, such as Germany’s Cheese Ordinance. Protecting the term as a PDO would have led to significant adaptation costs and market confusion. In Austria alone, approximately 14,000 tons of Emmentaler are produced annually—more than in Switzerland itself.
By classifying “Emmentaler” as a generic term, the EU Commission also strengthens the position of other countries seeking to defend traditional names against excessive protection claims. Furthermore, the case highlights the importance of strategic legal representation that takes into account both international agreements and European regulations, as well as industry-specific market and consumer perceptions.
