Opinion of Mr Advocate General Van Gerven delivered on 15 January 1991

1 Original language: French.

2 OJ 1979 L 54, p. 1.

3 OJ 1987 L 84, p. 1.

4 I would, however, point out a difference in the French text in which the word foulée (crushed) gramatically does not relate to fresh grapes as in Regulation No 337/79 but to alcoholic fermentation. Given the other versions and the context, this is manifestly an error.

5 Robert, P.: Dictionnaire alphabétique et analogique de la langue française, 1975.

6 Point 2 of Annex I to Regulation No 822/87 allows the grape musts to have an alcoholic strength of not more than 1%, by volume.

7 Point 12 of Annex I to Regulation No 822/87.

8 Point 13 of Annex I to Regulation No 822/87.

9 Article 7 of Council Reguládon (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).

10 Sec the judgment in Case 56/80 Firma A. Weigand v Schutzverband Deutscher Wein fK[1981] ECR 583.

11 OJ 1979 L 54, p. 99.

12 Regulation No 355/79 was repealed by Council Regulation (EEC) No 2392/89 of 24 July 1989 laying down general rules for the description and presentation of wines and grape musts (OJ 1989 L 232, p. 13), which came into force on 4 September 1989, thus after the events which are the subject of the main proceedings. The provision which corresponds to Article 45 of Regufation No 355/79 is now to be found in Article 43 of Regulation No 2392/89.

13 Regulation No 355/79 was repealed by Council Regulation (EEC) No 2392/89 of 24 July 1989 laying down general rules for the description and presentation of wines and grape musts (OJ 1989 L 232, p. 13), which came into force on 4 September 1989, thus after the events which are the subject of the main proceedings. The provision which corresponds to Article 45 of Regufation No 355/79 is now to be found in Article 43 of Regulation No 2392/89.

14 OJ 1981 L 106, p. 1. Article 20 of Regulation No 997/81 remained applicarne after the coming into force of Regulation No 2392/89 repealing Regulation No 355/79.

15 As mentioned in paragraph 2, the facts of the case do not justify a review of the provisions of Community law governing intra-Community trade in products marketed under the appellation alcohol-free wine.

16 See in particular the judgment in Case C-350/88 Delacn and Others v Commission [1990] ECR I-395.