ECJ Agriculture – Common organization of the markets – Wine – Description and presentation of wines – ‘Qualitaetsweine mit Praedikat’ (quality wines bearing quality indications) – Repetition on the label of the terms ‘Kabinett’, ‘Spaetlese’ or ‘Auslese’ as parts of a brand name – Whether permissible – ‘Qualitaetsweine b.A.’ (German quality wines produced in specified regions) – Repetition on the label of the term ‘Weissherbst’ as part of a brand name – Whether permissible
(Council Regulation No 2392/89, Art. 40; Commission Regulation No 3201/90, Art. 3(2), 3(3)(a), first subpara. and 3(3), second subpara.)
Article 3(2) of Regulation No 3201/90 laying down detailed rules for the application of Regulation No 2392/89 laying down general rules for the description and presentation of wines and grape musts must be interpreted as not precluding the labelling of ‘Qualitaetsweine mit Praedikat’ (quality wines bearing quality indications) from repeating the terms ‘Kabinett’, ‘Spaetlese’ or ‘Auslese’ – in addition to their prescribed use (in lettering of the same type and height as the name of the specified region or of a geographical unit smaller than the specified region) – in different lettering with higher letters, particularly in a conspicuous manner as part of a brand name.
Similarly, Article 3(3)(a), first indent, in conjunction with the second subparagraph of Article 3(3) of that regulation must be interpreted as not precluding the repetition on the label, in the case of ‘Qualitaetsweine b.A.’ (German quality wines produced in specified regions), of the term ‘Weissherbst’ – in addition to its use in the same lettering as that used for indicating the specified region – in larger letters, particularly in a conspicuous manner as part of a brand name.
In its specific provisions concerning the use of brand names on labelling, particularly in Article 40 of Regulation No 2392/89 cited above, Community legislation does not impose any restriction concerning the lettering of the characters and the size of a brand name in relation to the indication on the label of the name of the specified region or of a geographical unit smaller than the specified region. Accordingly, a brand name which, moreover, is not as such capable of misleading consumers in any way is not to be regarded as likely to confuse or mislead those to whom it is addressed on the ground that it is presented in a conspicuous manner, even if it contains a word that has been designated by the rules in question as information which may be used in the appellation of a quality wine produced in a specified region.
Citations:
C-456/93, [1995] EUECJ C-456/93
Links:
European
Updated: 03 June 2022; Ref: scu.161233