Opinion of Advocate General Gulmann delivered on 10 November 1992

1 Original language: Danish.

2 OJ 1989 L 160, p. 1.

3 See the second recital in the preamble to the basic regulation.

4 Regulation (EEC) No 1781/91 amending Regulation (EEC) No 1014/90 laying down detailed implementing rules on the definition, description and presentation of spirit drinks (OJ 1991 L 160, p. 5).

5 See the Court's judgment in Case 230/78 Eridania [1979] ECR 2749, paragraphs 11, 12 and 13.

6 The preamble contains the following recital: in order to take account of long-established practices existing when [the basic regulation] entered into force, it should be permitted that certain composite names of liqueurs may be maintained even though the alcohol is not obtained or is not obtained exclusively from the spirit drink indicated; ... it is essential to specify the conditions for the description of those liqueurs in order to avoid any risk of confusion with the spirit drinks defined in Article 1(4) of the basic regulation.

7 See judgment of 7 April 1992 in Case C-358/90 Compagnia Italiana Alcool and Others v Commission [1992] ECR I-2457, paragraph 40.

8 Directive 79/112/EEC of 18 December 1978 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs for sale to the ultimate consumer (OJ 1979 L 33, p. 1).