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Commission Delegated Regulation (EU) 2019/33Show full title
Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation
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Article 37Admissibility of a cancellation request
1.A substantiated cancellation request shall be admissible where:
(a)it was submitted to the Commission by a Member State, a third country or a natural or legal person having a legitimate interest; and
(b)it is based on one of the grounds referred to in Article 36.
The duly substantiated cancellation request shall be admissible only if it demonstrates the legitimate interest of the applicant.
2.Where the Commission considers that the cancellation request is not admissible it shall inform the authority or person that sent the request of the reasons for inadmissibility.
3.The Commission shall make the cancellation request available to the authorities and persons affected in accordance with Article 30(4) of Implementing Regulation (EU) 2019/34.
4.Substantiated statements of objection to cancellation requests shall be admissible only if they show continued commercial reliance on the registered name by an interested person.
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