La tutela stragiudiziale della provenienza geografica nell’interesse del consumatore

The aim of the thesis is to give an overview of legislation implemented in Italy and to prove whether the German legal institutions of ‘Abmahnung’, together with the related ‘strafbewehrte Unterlassungserklärung’, may be suitable for the Italian law system. This thesis contains an analysis of the extra-judicial procedures provided to the consumers in the European law where misleading information is given to the consumers about the country of origin or place of provenance of agricultural products and foodstuffs, such as the unauthorized use of any reference to PDO, PGI or TSG. Such information is considered as an unfair commercial practice according to the definitions in the Regulation (EU) No 1169/2011 of the European Parliament and of the Council of 25 October 2011, as well as Regulation (EC) No. 450/2008 of the European Parliament and of the Council of 23 April 2008, implementing Community Customs Code (Modernised Customs Code) to define and to underline the difference between the concepts of ‘country of origin’ and ‘place of provenance’ for agricultural products and foodstuffs.