# C_2022311EN.01000601.xml

| 16.8.2022 | EN | Official Journal of the European Union | C 311/6 |
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16.8.2022

EN

Official Journal of the European Union

C 311/6

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Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 1 June 2022 — Weingut A v Land Rhineland-Palatinate

(Case C-354/22)

(2022/C 311/09)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Appellant on a point of law: Weingut A

Respondent in the appeal on a point of law: Land Rhineland-Palatinate

Questions referred

| 1. | Can winemaking have been entirely carried out on the eponymous wine-growing holding within the meaning of the second subparagraph of Article 54(1) of Delegated Regulation (EU) 2019/33 (1) if the pressing takes place in a winepress installation which has been rented from another wine-growing holding for 24 hours and is exclusively at the disposal of the eponymous wine-growing holding during that period? |
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1.

Can winemaking have been entirely carried out on the eponymous wine-growing holding within the meaning of the second subparagraph of Article 54(1) of Delegated Regulation (EU) 2019/33 (1) if the pressing takes place in a winepress installation which has been rented from another wine-growing holding for 24 hours and is exclusively at the disposal of the eponymous wine-growing holding during that period?

| 2. | If that question is answered in the affirmative, is it necessary that the pressing be carried out or at least supervised on-site by employees of the eponymous wine-growing holding, or can the pressing also be carried out by employees of the wine-growing holding renting out the winepress installation in accordance with the instructions of the eponymous wine-growing holding? |
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2.

If that question is answered in the affirmative, is it necessary that the pressing be carried out or at least supervised on-site by employees of the eponymous wine-growing holding, or can the pressing also be carried out by employees of the wine-growing holding renting out the winepress installation in accordance with the instructions of the eponymous wine-growing holding?

| 3. | If the pressing can also be carried out by employees of the wine-growing holding renting out the winepress installation, can they be given the authorisation to intervene in the pressing on the basis of an individual decision in the event of unexpected problems? |
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3.

If the pressing can also be carried out by employees of the wine-growing holding renting out the winepress installation, can they be given the authorisation to intervene in the pressing on the basis of an individual decision in the event of unexpected problems?

| 4. | Is attribution of the winemaking to the eponymous wine-growing holding precluded if the wine-growing holding which rents out the winepress installation and carries out the winepressing has an interest of its own in the manner in which the winepressing is carried out, because a yield- and quality-dependent supplement per hectolitre of Kabinett/Spätlese/Auslese wine on top of the area-based exploitation fee is agreed in the vineyard exploitation agreement which has also been concluded with that holding? |
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4.

Is attribution of the winemaking to the eponymous wine-growing holding precluded if the wine-growing holding which rents out the winepress installation and carries out the winepressing has an interest of its own in the manner in which the winepressing is carried out, because a yield- and quality-dependent supplement per hectolitre of Kabinett/Spätlese/Auslese wine on top of the area-based exploitation fee is agreed in the vineyard exploitation agreement which has also been concluded with that holding?

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(1)  Commission Delegated Regulation (EU) 2019/33 of 17 October 2018 supplementing Regulation (EU) No 1308/2013 of the European Parliament and of the Council as regards applications for protection of designations of origin, geographical indications and traditional terms in the wine sector, the objection procedure, restrictions of use, amendments to product specifications, cancellation of protection, and labelling and presentation (OJ 2019 L 9, p. 2), in the current version of Delegated Regulation (EU) 2021/1375 of 11 June 2021 (OJ 2021 L 297, p. 16).

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