Geography Reference
In-Depth Information
technical file, they shall offer adequate guarantees of objectivity and impartial-
ity and have at their disposal the qualified staff and resources necessary to carry
out their functions.
9. Use of languages
5.119
Article 17 of Commission Implementing Regulation (EU) No 716/2013
provides that the GI shall be registered in the language(s) used to describe the
product in question in the geographical area concerned and with its original
spelling.
10. Protection of geographical indications
5.120
Article 16 of the Spirits Regulation provides that without prejudice to Art 10,
the GIs registered in Annex III shall be protected against:
(a) any direct or indirect commercial use in respect of products not covered by the
registration in so far as those products are comparable to the spirit drink registered
under that GI or insofar as such use exploits the reputation of the registered GI;
(b) any misuse, imitation or evocation, even if the true origin of the product is indicated
or the GI is used in translation or accompanied by an expression such as 'like', 'type',
'style', 'made', 'flavour' or any other similar term;
(c) any other false or misleading indication as to the provenance, origin, nature or
essential qualities on the description, presentation or labelling of the product, liable
to convey a false impression as to its origin;
(d) any other practice liable to mislead the consumer as to the true origin of the
product.
E.
'WHISKY'
5.121
In Case C-136/96,
The Scotch Whisky Association v COFEPP
,
22
the ECJ
considered that the use of the words 'Blended Whisky Spirit' and 'spiritueux au
whisky'('whisky-based spirit') in relation to a drink diluted below the 40 per
cent alcohol level required for the designation of 'whisky' under Council
Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on
the definition, description and presentation of spirit drinks,
23
breached that
Regulation.
22
[1996] ECR I-04571.
23
(OJ 1989 L 160, p. 1.
