Geography Reference
In-Depth Information
Champagnerverfahren' ('bottle-fermented by the champagne method') or 'klas-
sische Flaschengaerung, méthode champenoise' ('classical bottle fermentation,
champagne method') applied to the Ministry of Agriculture, Viticulture and
Forests of the Land Rheinland-Pfalz for a 'binding statement' as to whether it
would be lawfully entitled to continue to use these terms after 31 August 1994.
4.225
It argued that the designation 'méthode champenoise' was of fundamental
importance for its commercial activity in so far as that designation enabled it to
make the public aware of its method of production and that if it was unable to
continue to use the designation 'méthode champenoise', it would be placed at a
competitive disadvantage and its very existence jeopardised.
57
4.226
The ECJ pointed out that among the objectives pursued by Regulation No
2333/92 was that of the protection of registered designations or indications of
the geographical origin of wines. The Court said that this implied that 'a wine
producer cannot be authorized to use, in descriptions relating to the method of
production of his products, geographical indications which do not correspond
to the actual provenance of the wine'.
58
The Regulation in Art 6(5) had
specifically provided for the discontinuation of the designation 'méthode
champenoise' by those not in the Champagne region and Winzersekt could
have had recourse to the alternative expressions contained in Art 6(4) of
Regulation No 2333/92, such as 'bottle-fermented by the traditional method',
'traditional method', 'classical method' or 'classical traditional method' and any
expressions resulting from a translation of those terms.
59
iii. Grounds for refusal
Article 36(1) of Regulation No 607/2009 provides that if an application for a
traditional term does not meet the definition laid down in Art 54(1) of the
Wine Regulation and the requirements laid down in Arts 31 and 35, the
Commission shall inform the applicant of the grounds for refusal, setting a
deadline of two months from the issuance date of such communication, for the
withdrawal or amendment of the application, or for the submission of com-
ments.
4.227
4.228
Article 36(1) of Regulation No 607/2009 requires the Commission to decide
on the protection based on the information available to it.
57
[1994] ECR I-5555, at para 20.
58
Ibid, at para 25.
59
Ibid, at para 28.
