The Swedish National Food Agency (Livsmedelsverket) had previously decided to apply to the EU Commission for the registration of “Filmjölk” as a Protected Geographical Indication (PGI). This decision has now been overturned by the Administrative Court in Uppsala

The Association of Swedish Farm Dairies (Föreningen Sveriges Gårdsmejerister) initially applied to Livsmedelsverket to have filmjölk registered as a protected geographical name under EU regulations. The application was approved by Livsmedelsverket. However, LRF Mjölk — representing Sweden’s major dairy companies — appealed the decision, arguing it should be revoked. LRF Mjölk claimed that ”filmjölk” is not the name of a product with specific characteristics, but rather encompasses a wide range of products that are continually evolving.

The Administrative Court has now overturned the decision, stating that based on the content of the application and the product specification, “filmjölk” must be regarded as a generic term that cannot be registered. However, the court also found that the other requirements for registration — including a clear geographical link to Sweden — were fulfilled.

• The court has considered how filmjölk is currently produced and marketed. As the application is written, only plain filmjölk would retain the full name, while flavored varieties, lactose-free versions, or low-fat ‘lättfil’ would be excluded. Therefore, filmjölk must be seen as a generic term that describes a broader range of products than those covered in the application, said Anna Maria Åslund Nilsson, Chief Judge and presiding legal authority in the case.

Read the full court decision here.

Photo: Julian Hochgesang, Unsplash