In Judgment No. 253/2026 of 21 July 2026, the Civil Chamber of the Spanish Supreme Court ruled in favour of the Regulatory Council of PDO “Jabugo”. The Court confirmed that GI groups can claim damages for misuse of a protected designation of origin directly under Regulation (EU) No 1151/2012 notwithstanding the lack of an express legal provision, without recourse to the Spanish Unfair Competition Act.
The case dates back to 2019, when the Regulatory Council found that a charcuterie company with “Jabugo” in its corporate name was also displaying the term on its shop signs. The lower courts upheld the infringement and ordered the company to stop using the name. However, they dismissed the claim for damages, on the grounds that Regulation (EU) No 1151/2012, since replaced by Regulation (EU) 2024/1143, could not on its own serve as a legal basis for compensation. The Supreme Court has now overturned that interpretation.
oriGIn congratulates the Regulatory Council of PDO Jabugo on this important result. The judgment puts an end to a legal uncertainty that had long weakened the defence of geographical indications. It strengthens GI protection against usurpation in Spain and across Europe and provides a valuable reference at international level. For further details, please see the attached press release from the Regulatory Council of PDO Jabugo (in Spanish).
