Switzerland is rallying behind its Emmentaler cheese. The European Commission refuses to recognize the "Emmentaler" brand for the famous Swiss cheese, and so the Emmentaler Switzerland organization has filed an appeal against this decision with the Court of Justice of the European Union, based in Luxembourg.

"Trademark protection should make it possible to clearly distinguish the original from imitations," said Urs Schluechter , director of Emmentaler Switzerland. "The aim is to ensure that the name 'Emmentaler' is used exclusively for Swiss PDO cheese by registering the name with the World Intellectual Property Organization (WIPO)."

Since January, however, the European Commission has refused to protect the name. The EU executive justified its decision by arguing that the term is historically and culturally linked to a geographical area broader than just Switzerland, adding that the name "Emmentaler" is considered generic in the EU.

In Switzerland, Emmentaler is protected by a controlled designation of origin (AOC/AOP), which means the cheese must meet the requirements of a specification drawn up by the Federal Office for Agriculture. This specification, in addition to the place of production, also regulates the size, weight, and holes in the cheese. According to the list of requirements, the geographical area includes not only the Bern Valley, through which the Emme River flows, but also extends from several districts of Fribourg to Lake Constance.

In April 2025, Emmentaler Schweiz filed an appeal with the Court of Justice of the EU, arguing that the term "Emmentaler" is protected as a geographical designation of origin by several international agreements. One of these was signed in 1951 in Stresa, Piedmont. In its appeal, the organization requests that the Court:

• annul Commission Implementing Decision (EU) 2025/107 of 23 January 2025 refusing protection in the Union to the designation of origin Emmentaler registered in the International Register of Appellations of Origin and Geographical Indications of the Geneva Act;
• order the defendant to pay the costs of the proceedings.

"International law has recognized since the 1950s," the appeal states, "that the name 'Emmentaler' is reserved exclusively for Swiss cheeses, and this has already been confirmed by Italian courts."

The Austrian Federal Ministry of Agriculture, which asked the court to intervene on behalf of the European Commission, is also relying on history: Emmentaler has been produced and marketed in Austria since at least 1936. "The interprofession would like Emmentaler produced outside Switzerland to be declared with the indication of the country or region of production, for example 'Emmentaler from Austria'," Schluechter explained.