Questão jurídica principal
Whether SMM had standing to appeal the refusal of its opposition against the Emmentaler PDO registration
Decisão extraída
SMM did not show that it was directly affected in a protected interest or that enough of its members were themselves entitled to appeal.
Fundamentação extraída
The association was not a producer or exporter itself; only a minority of its members produced Emmentaler, and it was unclear whether any of them imported it into Switzerland. Its statutory purpose also referred only to European-law proceedings. In any event, the registration did not alter the legal position of German producers because treaty obligations already required Switzerland to allow descriptive use with origin indication.