Geography Reference
In-Depth Information
4.41
Case C-47/90
35
considered whether Spanish Law 25/70 laying down the basic
rules on vines, wines and spirits requires that wine could require that wine
which fulfilled the conditions laid down for eligibility for the 'Rioja denomi-
nación de origen calificada' could be bottled outside the region without being
deprived of that designation. Wine transported in bulk within the region
retained its entitlement to the 'denominación de origen calificad' when bottled
in authorised cellars. Belgium commenced proceedings under Art 170 of the
EC Treaty against Spain for infringement of Art 34 (now Art 29) of the EC
Treaty. Spain argued that by ensuring that operators in the wine-growing sector
of the Rioja region could obtain a designation of origin and also control
bottling, the quality of the product was better safeguarded, and consequently, so
was the reputation of the designation, for which operators assumed full and
collective responsibility. In this case, it was undisputed that the bottling of wine
is an important operation and one which, if not carried out in accordance with
strict requirements, may seriously impair the quality of the product. The best
conditions for bottling are met if it is undertaken by operators established in the
same region as those entitled to use the designation and operating under their
direct control. Such operators have specialised experience and thorough know-
ledge of the specific characteristics of the wine in question, which must not be
impaired or lost at the time of bottling. Taking into account these circum-
stances, the ECJ concluded that the challenged requirement was not contrary to
Art 34 of the EC Treaty and dismissed the action of Belgium.
objective and non-discriminatory requirements compatible with community law
(h) applicable requirements laid down in Community or national provisions or, where
foreseen by Member States, by an organisation which manages the protected
designation of origin or geographical indication, having regard to the fact that such
requirements shall be objective and non-discriminatory and compatible with
Community law;
Article 8 of Commission Regulation (EC) No 607/2009 provides that if a
product specification indicates that packaging of the product must take place
within the demarcated geographical area or in an area in the immediate
proximity of the demarcated area in question, in accordance with a requirement
referred to in Art 35(2)(h) 'justification for this requirement shall be given in
respect of the product concerned'.
4.42
35
Case C-47/90, Judgment of 9 June 1992,
Établissements Delhaize frères et Compagnie Le Lion SA v Promalvin SA
and AGE Bodegas Unidas SA
[1992] ECR I-3669 and ECJ Case C-388/95, Judgment of 16 May 2000,
Kingdom
of Belgium v Kingdom of Spain
[2000] ECR I-3123.
