Kernrechtsfrage
Whether SMM had standing to appeal the refusal of its opposition against the Emmentaler PDO registration
Extrahierter Entscheid
SMM did not show that it was directly affected in a protected interest or that enough of its members were themselves entitled to appeal.
Extrahierte Begründung
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.