In its ruling of 31 May 2018, the Court of Appeal of Antwerp has judged that the exclusive distribution system for Corina® pears is legal.
As such, the Court confirms that Bel’Export and LTV are the exclusive distributors of Corina® pears.
Corina® is a protected trademark that is used for the marketing of pears of Saels, an early ripening mutant of Conférence that is protected under breeders’ rights.
In 2017 a number of Corina® growers had challenged the validity of the exclusive distribution system, claiming that the distribution licenses of Bel’Export and LTV are in conflict with competition law. They stated that “Corina pears can be sold to all marketers”. This created confusion and unrest in the market.
The Court of Appeal of Antwerp now counters these allegations and judges that the exclusivity of Bel’Export and LTV is fully in line with Belgian and European competition laws. The ruling of the judge in first instance was deemed incorrect and all arguments of the opposing Corina® growers were rejected.
So, in 2018 as before, Corina®-pears can only be purchased in a legal way from Bel’Export and LTV.