# C_2015138EN.01004001.xml

| 27.4.2015 | EN | Official Journal of the European Union | C 138/40 |
| --- | --- | --- | --- |

27.4.2015

EN

Official Journal of the European Union

C 138/40

---

Request for a preliminary ruling from the Markkinaoikeus (Finland) lodged on 19 February 2015 — Viiniverla Oy v Sosiaali- ja terveysalan lupa- ja valvontavirasto

(Case C-75/15)

(2015/C 138/54)

Language of the case: Finnish

Referring court

Referring court

Markkinaoikeus

Parties to the main proceedings

Parties to the main proceedings

Applicant: Viiniverla Oy

Applicant:

Defendant: Sosiaali- ja terveysalan lupa- ja valvontavirasto

Defendant:

Questions referred

Questions referred

| 1. | When assessing where there has been an ‘evocation’, within the meaning of Article 16(b) of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ 2008 L 39, p. 16) (1), should reference be made to an average consumer who is reasonably well informed and reasonably observant and circumspect? |
| --- | --- |

1.

When assessing where there has been an ‘evocation’, within the meaning of Article 16(b) of Regulation (EC) No 110/2008 of the European Parliament and of the Council of 15 January 2008 on the definition, description, presentation, labelling and the protection of geographical indications of spirit drinks and repealing Council Regulation (EEC) No 1576/89 (OJ 2008 L 39, p. 16) (1), should reference be made to an average consumer who is reasonably well informed and reasonably observant and circumspect?

1

| 2. | When assessing whether to prohibit the use of the name Verlados used to market nationally a spirit drink distilled from apples in order to protect the geographical indication Calvados, what importance should be given to the following facts in the interpretation of the concept of ‘evocation’ in Article 16(b) of Regulation No 110/2008 and the application of that regulation:






  a) | the first part of the name Verlados, Verla, is a village in Finland whose name may be recognised by Finnish consumers; |
| --- | --- | --- |

2.

When assessing whether to prohibit the use of the name Verlados used to market nationally a spirit drink distilled from apples in order to protect the geographical indication Calvados, what importance should be given to the following facts in the interpretation of the concept of ‘evocation’ in Article 16(b) of Regulation No 110/2008 and the application of that regulation:

a)

the first part of the name Verlados, Verla, is a village in Finland whose name may be recognised by Finnish consumers;

| b) | the first part of the name Verlados, Verla, refers to the producer of Verlados Viiniverla Oy; |
| --- | --- |

b)

the first part of the name Verlados, Verla, refers to the producer of Verlados Viiniverla Oy;

| c) | Verlados is a local product produced in Verla village of which a few hundred litres are sold each year in the winery’s own restaurant and a limited amount by order from the State-owned alcohol business referred to in the Law on Alcohol; |
| --- | --- |

c)

Verlados is a local product produced in Verla village of which a few hundred litres are sold each year in the winery’s own restaurant and a limited amount by order from the State-owned alcohol business referred to in the Law on Alcohol;

| d) | the words Verlados and Calados have only one syllable in common (dos) out of three, although the last four letters (ados) of the words, that is half of the total number of letter in each word, are identical? |
| --- | --- |

d)

the words Verlados and Calados have only one syllable in common (dos) out of three, although the last four letters (ados) of the words, that is half of the total number of letter in each word, are identical?

| 3. | If there is deemed to be an ‘evocation’ within the meaning of Article 16(b) of Regulation No 110/2008, may the use of the name Verlados nevertheless be authorised on one of the grounds mentioned above or on other grounds, such as that Finnish consumers at least are unlikely to imagine that Verlados is produced in France? |
| --- | --- |

3.

If there is deemed to be an ‘evocation’ within the meaning of Article 16(b) of Regulation No 110/2008, may the use of the name Verlados nevertheless be authorised on one of the grounds mentioned above or on other grounds, such as that Finnish consumers at least are unlikely to imagine that Verlados is produced in France?

---

(1)  OJ L 39, p. 16

1

---