Opinion of Advocate General Jacobs delivered on 10 February 1994

1 Original language: English.

2 Commission Regulation (EEC) No 997/81 of 26 March 1981 laying down detailed rules for the description and presentation of wines and grape musts (OJ 1981 L 106, p. 1). It is to be noted that the relevant provisions have been repealed and reenacted by Commission Regulation (EEC) No 3201/90 of 16 October 1990 (OJ 1990 L 309, p. 1).

3 It appears from the order for reference that the Cour de Cassation refers, in particular, to Council Regulation (EEC) No 355/79 of 5 February 1979 laying down general rules for the description and presentation of wines and grape musts (OJ 1979 L 54, p. 99). The relevant provisions have been repealed and reenacted by Council Regulation (EEC) No 2392/89 of 24 July 1989 (OJ 1989 L 232, p. 13), amended by Council Regulation (EEC) No 3886/89 of 11 December 1989 (OJ 1989 L 378, p. 12).

4 Council Regulation (EEC) No 337/79 of 5 February 1979 on the common organization of the market in wine (OJ 1979 L 54, p. 1). A subsequent codification is contained in Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (OJ 1987 L 84, p. 1).

5 Cited above in note 2.

6 Council Regulation (EEC) No 338/79 of 5 February 1979 laying down special provisions relating to quality wines produced in specified regions (OJ 1979 L 54, p. 48).

7 See Article 16(2)(b) of Regulation No 338/79, cited in note 5.

8 Those provisions correspond to Article 11(2)(m) and (q) of Regulation No 2392/89. Article 11(2)(q) was amended by Article 1(2) of Regulation No 3886/89 (cited above in note 2); in the amended version, the second indent is in the following terms: in a group of vineyards, provided that the wine in question was produced by the vineyards belonging to that group or by the group itself, from grapes or must produced in those vineyards.

9 Cited above in note 1. See now Article 6(1) of Regulation No 3201/90.

10 The word wines used in the English version of the regulation is evidently a mistake; the error is not repeated in Article 6(1) of Regulation No 3201/90.

11 The corresponding provision of Regulation No 2392/89, namely Article 40(1), is in similar but more elaborate terms.

12 Case 56/80 [1981] ECR 583, paragraph 19.

13 First Council Directive 89/104/EEC of 21 December 1988 to approximate the laws of the Member States relating to trade marks (OJ 1989 L 40, p. 1).

14 In Article 5 of Regulation No 997/81 wine-growing holding and vineyard are used as synonyms, each of which translates the French expression exploitation viticole.

15 See paragraph 8 above.

16 See paragraph 9.

17 Cited above in paragraph 11.

18 This recital appears as the 26th recital in the English version.

19 It is to be noted that the term wine-growing holding in that recital once more translates the French term exploitation viticole, an expression which as we have seen is translated in Article 5 by both vineyard and wine-growing holding: see note 13 above. However, vineyard and holding are not always used as synonyms in the regulation: see the expression vineyard belonging to the holding in Article 4(3). In that case vineyard translates the French vignes, in the expression (des) vignes faisant partie de l'exploitation viticole.

20 See paragraphs 8 to 10, above.

21 It will be recalled that in the last case the undertaking must also be situated in the specified region indicated or in the immediate vicinity and must have made the wine from the grapes in question.

22 See paragraph 24 above.

23 Case 311/87 [1988] ECR 6295, paragraph 15.

24 Cited above in note 2.

25 Namely Article 11(2)(q) of Regulation No 2392/89: see note 7 above.

26 And similarly in the 28th recital of Regulation No 3201/90. The question whether the condition extends to the stages of the harvesting and cultivation of the grapes is discussed by Advocate General Mischo in paragraph 19 of his Opinion in Goldenes Rheinhessen (cited above in note 22).

27 Cited in paragraph 26 above.

28 Cited in paragraph 8 above.