Geography Reference
In-Depth Information
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As it was common ground that the first national measures providing in France
and Luxembourg for the use of the term 'crémant' as a 'traditional description'
were adopted only in 1975, the Court observed that the reservation of the term
'crémant' for quality sparkling wines psr manufactured in France and Luxem-
bourg could not validly be justified on the basis of traditional use, since it
disregarded the traditional use of that mark by Codorniu since 1924.
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ii. Non-genericity
Article 35(1) of Regulation No 607/2009 provides that the recognition of a
traditional term shall be accepted if:
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(c) the term shall:
(i)
not be generic;
(ii)
be defined and regulated in the Member State's legislation; or
(iii)
be subject to conditions of use as provided for by rules applicable to wine
producers in the third country concerned, including those emanating from
representative professional organisations.
Article 35(3) of Regulation No 607/2009 provides that for the purpose of
35(1)(c)(i), 'generic' means the name of a traditional term, although it relates to
a specific production method or ageing method, or the quality, colour, type of
place, or a particular linked to the history of a grapevine product, has become
the common name of the grapevine product in question in the Community.
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The issue of genericity in relation to wine production methods was considered
in Case C-306/93,
SMW Winzersekt GmbH v Land Rheinland-Pfalz
,
55
which
involved a dispute concerning the use of the term 'Flaschengaerung im Cham-
pagnerverfahren' ('bottle-fermented by the champagne method') to describe
certain quality sparkling wines produced in a specified region ('quality sparkling
wines psr'). Regulation No 2333/92 provided inter alia that the method of
production known as 'méthode champenoise'
56
may, if such a usage were
traditional, be used together with an equivalent expression relating to that
method of production for five wine-growing years terminating on 31 August
1994 for wines not entitled to the registered designation 'Champagne' .
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Winzersekt, an association of wine-growers which produced sparkling wine
from wines of the Mosel-Saar-Ruwer region using the 'méthode champenoise'
process and which marketed it under the description 'Flaschengaerung im
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54
[1994] ECR I-1853, at paras 31-32.
55
[1994] ECR I-5555.
56
Fermentation takes place in the bottle and the
cuvée
is separated from the lees by disgorging.
