Geography Reference
In-Depth Information
i. Traditional use
Article 35(1) of Regulation No 607/2009 provides that the recognition of a
traditional term shall be accepted if:
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(b) the term exclusively consists of either:
(i)
a name traditionally used in commerce in a large part of the territory of the
Community or of the third country concerned, to distinguish specific cat-
egories of grapevine products referred to in Article 33(1) of the Wine
Regulation; or
(ii)
a reputed name traditionally used in commerce in at least the territory of the
Member State or third country concerned, to distinguish specific categories
of grapevine products referred to in Article 33(1) of the Wine Regulation;
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Article 35(2) of Regulation No 607/2009 requires that for the purpose of Art
35(1)(b), traditional use means:
(a) at least five years in case of terms filed in language(s) referred to in Art 31(a) of
Regulation No 607/2009;
(b) at least 15 years in case of terms filed in a language referred to in Art 31(b) of
Regulation No 607/2009.
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Article 35(4) of Regulation No 607/2009 provides that the condition listed in
Art 35(1)(b) do not apply to traditional terms referred to in Art 54(1)(a) of the
Wine Regulation.
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An illustration of the way in which these provisions might operate is Case
C-309/89,
Codorníu SA v Council of the European Union
,
51
concerned the use of
the term 'crémant', Regulation (EEC) No 3309/85 laying down general rules
for the description and presentation of sparkling wines and aerated sparkling
wines
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had reserved this term for vineyards in France and Luxembourg. This
reservation was reiterated in an amending Council Regulation (EEC) No
2045/89.
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Codorniu, a Spanish company manufacturing and marketing qual-
ity sparkling wines psr, was the holder of the Spanish trade mark 'Gran
Cremant de Codorniu', which it has been using since 1924 to designate one of
its quality sparkling wines psr. Codorniu was the main Community producer of
quality sparkling wines psr. It objected to the designation the term 'crémant' as
traditional for France and Luxembourg.
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[1994] ECR I-1853.
52
OJ 1989 L 202, p. 12.
53
Council Regulation (EEC) No 2045/89 of 19 June 1989, amending Regulation (EEC) No 3309/85 laying
down general rules for the description and presentation of sparkling wines and aerated sparkling wines (OJ
1989 L 202, p. 12)
