Geography Reference
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the term 'château' by wine-growers producing grapes on lands forming part of
the original estate of a château, who have formed a cooperative on whose
premises they make wine. 73
4.302
The Court also noted that the fact that some members of the cooperative
cultivated land which did not belong to the original estate of the château and
which, therefore, did not necessarily produce grapes whose quality was compar-
able to that of the grapes harvested from lands forming part of the original
estate, was immaterial, 'provided that reliable procedures are introduced to
ensure that the grapes harvested outside the original estate of the château are
not mixed with those harvested from the estate'. 74
9. Derogations
4.303
Article 59(2) of the Wine Regulation provides that by way of derogation from
Art 59(1)(a) the reference to the category of the grapevine product may be
omitted for wines whose labels include the protected name of a designation of
origin or GI.
4.304
Article 59(3) of the Wine Regulation provides that by way of derogation from
Art 59(1)(b) the reference to the terms 'protected designation of origin' or
'protected geographical indication' may be omitted in the following cases:
(a)
where a traditional term as referred to in Art 54(1)(a) is displayed on the
label;
(b)
where, in exceptional circumstances to be determined in accordance with
the procedure referred to in Art 113(1), the name of the PDO or PGI is
displayed on the label.
4.305
Article 59 of Regulation 607/2009 provides that in accordance with Art
59(3)(b) to the Wine Regulation the terms 'protected designation of origin' may
be omitted for wines bearing the protected designations of origin shown in
Table 4.1, provided this possibility is regulated in the Member State legislation
or in the rules applicable in the third country concerned, including those
emanating from representative professional organisations
73
Ibid, at para 22.
74
Ibid at para. 24.
 
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