SUPREME GASTRONOMIC COURT
First Chamber
Judgment No. 127/2024
Constitutional challenge against the reformed Act No. 42/2023
In the city of Gastronomia, on September 20, 2024.
Having considered the complaint filed by the Association of Defenders of Valencian Paella against the reform enacted by the Reform Bill, debated in the plenary session of June 15, 2024.
Background
Act No. 42/2023 established the official Valencian Paella recipe with strict requirements on ingredients and cooking method.
The Reform Bill relaxed these requirements, allowing alternatives to several traditional ingredients.
The plaintiffs allege that the reform violates the right to gastronomic cultural identity recognized in the Gastronomic Constitution.
Legal Grounds
The right to gastronomic cultural identity is not absolute and must be balanced against the right to accessible food.
The reform does not eliminate the designation 'Valencian Paella' but creates the additional category of 'mixed paella', respecting the technical distinction endorsed by the committee hearing.
However, the relaxation of the rice type (allowing round-grain rice) DOES affect the essence of the dish according to expert technical opinion.
Ruling
The challenge is PARTIALLY DISMISSED. The creation of the 'mixed paella' category is constitutional.
The challenge is PARTIALLY UPHELD regarding Article 1. The designation 'Valencian Paella' requires bomba rice as an essential requirement.
This ruling shall be published in the Official Gazette of Gastronomia.