Procureur General at the Cour d’Appel Lyon v Henri Mommessin and others: ECJ 9 Dec 1975

ECJ The methods of analysis laid down by regulation no 1539/71 are mandatory not merely when wine has to be analysed for commercial purposes but also whenever the determination of the elements referred to is necessary to establish fraud or adulteration. Regulation no 1539/71 is not exhaustive but leaves to the member states the choice of applying other methods of analysis for determining the constituent elements of wine which are not relevant to the application of regulations nos 816/70 and 817/70. A member state may in the present state of community law apply as a national measure of control a presumption in law of over-alcoholization which is based on the proportion of alcohol to the dry extract measured by the 100* method, provided that that presumption is capable of being rebutted and that it is applied in such a way as not to place at a disadvantage, in law or in fact, wines from other member states.


C-64/75, R-64/75, [1975] EUECJ R-64/75



European, Agriculture

Updated: 21 May 2022; Ref: scu.132232