eaten fresh66, originating in the centuries-old cheese-making tradition of southern Italy, but now also produced abroad on an industrial scale. 67 Subsequently, the protected term was transformed into the composite name Mozzarella Tradizionale STG, the registration of which was granted at the end of a procedure that saw firm opposition from Germany. On that occasion, it also emerged that the adjective “traditional” (already used to compose the name of other TSGs68) can legitimately be included within a composite term, protected in its entirety as a TSG. At the same time, the free use of the name “mozzarella” was also reaffirmed for products that do not comply with the product specification of Traditional Mozzarella TSG, without prejudice to the impossibility for the latter to use the wording “traditional speciality guaranteed”69. The use of common names is therefore not affected within the Union, even if they are part of a name protected as a TSG70. This corresponds mutatis mutandis to the principle enunciated by the Court of Justice in the Aceto Balsamico di Modena (PGI) case, according to which the protection granted to a name does not extend to the use of individual non-geographical terms of the same name71. This teaching was then transposed into European legislation.72 66 The Mozzarella TSG specification does indeed indicate that this cheese should be eaten fresh, but nothing is specified in this regard, although one of the ‘secrets’ to appreciating it in the fullness of its valuable organoleptic characteristics is to eat it as soon as possible after its production. In fact, the CNR indicates that ‘Mozzarella keeps well at temperatures between 5 and 10°C for a period of 5 days from the date of production; afterwards the external appearance loses its shine and becomes opaque and the colour changes from white to straw yellow. The product turns sour and increases in consistency if stored without preserving liquid, and becomes soft and flakes if stored otherwise’, http://www.isa.cnr.it/PRODTIP/ PRODOTTI/ITA/0ECM.HTM. In the consumer’s interest, the indication of the appropriate term of preservation should perhaps have been contained in the specification, also to differentiate the TSG cheese from the common ‘mozzarella’. In contrast, for both of these products, the indication of the shelf life is referred to the legal parameters, as set out in Reg. (EU) No. 1169/2011 of the European Parliament and of the Council of 25 October 2011 on the provision of food information to consumers in OJEU L 304 of 22 November 2011, pp. 18-63 (current consolidated version of 1 January 2018, ELI: http:// data.europa.eu/eli/reg/2011/1169/), art. 9(1)(f) as well as art.24. 67 Similarly, the registration as a STG of «Bacalhau de Cura Tradicional Portuguesa» is justified. 68 Implementing Regulation (EU) no. 2022/1291, cited in the following footnote, recital 17, where are mentioned: «Traditionally Reared Pedigree Welsh Pork», «Traditional Bramley Apple Pie Filling», «Traditional Farmfresh Turkey», «Traditionally Farmed Gloucestershire Old Spots Pork», «Amatriciana tradizionale», «Bacalhau de Cura Tradicional Portuguesa», «Salată tradițională cu icre de crap», «Czwórniak staropolski tradycyjny», «Dwójniak staropolski tradycyjny», «Olej rydzowy tradycyjny», «Półtorak staropolski tradycyjny». 69 Commission Implementing Reg. (EU) No 2022/1291 of 22 July 2022 approving a non-minor amendment to the specification for a name entered in the register of traditional specialities guaranteed (“Mozzarella” (TSG)), in OJEU L 196, 25 July 2022, pp. 115-118, ELI:http://data.europa.eu/eli/reg_impl/2022/1291/oj. 70 Reg. (EU) No 2024/1143, cited above, art. 69(a). 71 Court of Justice, judgment of 4 December 2019, Case C-432/18, Aceto Balsamico di Modena (PGI), ECLI:EU:C:2019:1045. 72 Reg. (EU) No 2024/1143, cited above, Art. 26(7). 340 ERMENEGILDO MARIO APPIANO
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