Geography Reference
In-Depth Information
5.29
It will be recalled, from the previous chapter, that Case C-46/94
14
held that
moulded inlays and prints carried on a wine bottle that described the town
where the bottles were being offered for sale constituted misleading labelling of
Bordeaux and Champagne wine as the decorative material on the bottles was
liable to mislead purchasers as to the provenance of the wine or the vine variety
and fell within the definition of labelling laid down in Art 38(1) of Regulation
No 2392/89. This reasoning would probably apply to the definition of labelling
in Annex I(16) as it uses the word 'including' in referring to 'design' appearing
on the container.
2. Specific rules concerning sales denominations
(a) Products in categories 1 to 46 of Annex II
Article 9(1) of the Spirits Regulation provides that spirit drinks which meet the
specifications for the products defined in categories 1 to 46 of Annex II shall
bear in their description, presentation and labelling the sales denomination
assigned therein.
5.30
(b) Products not in categories 1 to 46 of Annex II
Article 9(2) of the Spirits Regulation provides that spirit drinks which meet the
definition laid down in Art 2 but which do not meet the requirements for
inclusion in categories 1 to 46 of Annex II shall bear in their description,
presentation and labelling the sales denomination 'spirit drink' and that without
prejudice to Art 9(5), that sales denomination shall not be replaced or altered.
5.31
(c) Products in more than one category of spirit drink in Annex II
Article 9(3) of the Spirits Regulation provides that where a spirit drink meets
the definition of more than one category of spirit drink in Annex II, it may be
sold under one or more of the names listed for those categories in Annex II.
5.32
(d) Restriction of names to spirit drinks
Article 9(4) of the Spirits Regulation provides that without prejudice to Art
9(9) and to Art 10(1), the names referred to in Art 9(1) shall not be used to
describe or present in any way whatsoever any drink other than the spirit drinks
for which those names are listed in Annex II and registered in Annex III.
5.33
(e) Sales denominations and geographical indications
Article 9(5) of the Spirits Regulation provides that sales denominations may be
supplemented or replaced by a GI registered in Annex III and in accordance
5.34
14
Criminal proceedings against Michèle Voisine
[1995] ECR I-1859.
