Geography Reference
In-Depth Information
Third countries establish the rules on use applicable to their respective terms listed
in Annex XIII, including those emanating from representative professional organ-
isations.
Article 57(2) of Regulation No 607/2009 provides that the name of a holding
may be used by other operators involved in the marketing of the product only
where the holding in question agrees to that use.
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An issue similar to that concerning an indication of a holding that came up
under a number of the earlier regulations concerned with wine labelling
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was
whether the term 'château' could be used by a cooperative which included
amongst its members both wine-growers whose land derives from the partition
of the original estate of a château, and wine-growers who harvested grapes
outside that estate. In Case C-403/92
Claire Lafforgue and François Baux v
Château de Calce SCI and Coopérative de Calce
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the owner of the original
château producing 'Côtes du Roussillon' wine under the registered name
'Château Lafforgue' objected to the members of a cooperative, the Société
Coopérative de Calce, using the name the name 'Château de Calce' to market
its 'Côtes du Roussillon' wine produced on part of the original château estate.
By judgment of 22 September 1988 the Tribunal de Grande Instance de
Perpignan granted a declaration that Mrs Lafforgue, as owner of the Château
de Calce, had the sole right to use the name 'Château de Calce' as it attached to
Mrs Lafforgue' s property and that its use by the two defendants was capable of
misleading consumers, particularly since the Baux-Lafforgues were themselves
wine-producers. However, that judgment was reversed on 12 July 1989 by the
Court d'Appel de Montpellier. An appeal from this decision to the Cour de
Cassation resulted in questions being put to the ECJ concerning the interpret-
ation of the word 'château'.
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This word appeared in a number of regulations, now repealed, but was retained
in identical terms in Commission Regulation (EEC) No 3201/90 of 16
October 1990 laying down detailed rules for the description and presentation of
wines and grape musts,
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which remains in force. The ECJ pointed out that its
interpretation of the earlier instruments 'also applies in connection with the
regulations at present in force'.
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The Court ruled that Art 5(1) of Regulation
No 997/81, like Art 6 of Regulation No 3201/90, does not preclude the use of
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Council Regulation (EEC) No 338/79 of 5 February 1979 laying down special provisions relating to quality
wines produced in specified regions (OJ 1979 L 54, p. 48); Council Regulation (EEC) No 823/87 of 16 March
1987 laying down special provisions relating to quality wines produced in specified regions (OJ 1987 L 84,
p. 59).
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[1994] ECRI-2961.
71
OJ 1990 L 309, p. 1.
72
[1994] ECRI-2961 at para 21.
