Decision on the Protection of the Protected Designation of Origin "Vacherin Mont-d'Or"

Facts

The Interprofession du Vacherin Mont-d'Or, a representative body of the producers of the protected cheese "Vacherin Mont-d'Or", filed a complaint against a ruling of the Food Control Office of the Canton of St. Gallen. In this ruling, it was determined that the "Försterkäse" produced by the company [X. AG] does not violate the provisions for the protection of the protected designation of origin "Vacherin Mont-d'Or". The Interprofession du Vacherin Mont-d'Or requested that the "Försterkäse" be classified as a violation of the protection of the designation of origin and that its further production be prohibited.

The cantonal Administrative Court and the Appeals Commission of the Federal Department of Economic Affairs (EVD) refused to hear the complaint, declaring themselves incompetent. Thereupon, the Interprofession du Vacherin Mont-d'Or filed an administrative court appeal with the Federal Supreme Court.

Considerations

The Federal Supreme Court decided that the EVD Appeals Commission is competent to hear the complaint of the Interprofession du Vacherin Mont-d'Or. The provisions for the protection of designations of origin for agricultural products fall within the…