# C_2008209EN.01001401.xml

| 15.8.2008 | EN | Official Journal of the European Union | C 209/14 |
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15.8.2008

EN

Official Journal of the European Union

C 209/14

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Order of the Court (Second Chamber) of 12 June 2008 (references for a preliminary ruling from the Tribunale amministrativo regionale del Lazio (Italy)) — Confcooperative Friuli Venezia Giulia (C-23/07), Luigi Soini (C-23/07 and C-24/07), Azienda Agricola Vivai Pinato Mario e figlio (C-23/07), Cantina Produttori Cormòns Soc. cons. arl (C-24/07) v Ministero delle Politiche Agricole, alimentari e forestali, Regione Friuli Venezia Giulia

(Joined Cases C-23/07 and C-24/07) (1)

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(Agriculture - Regulations (EC) Nos 1493/1999, 753/2002 and 1429/2004 - Common organisation of the market in wine - Labelling of wines - Use of names of vine varieties or synonyms thereof - Geographical indication ‘Tokaj’ for wines originating in Hungary - Possible use of vine variety name ‘Tocai friulano’ or ‘Tocai italico’ in addition to the geographical indication of certain wines originating in Italy - Exclusion after a transitional period of thirteen years expiring on 31 March 2007 - Validity - Legal basis - Article 34 EC - Principle of non-discrimination - Principles of international law on treaties - Accession of Hungary to the European Union - Articles 22 to 24 of the TRIPs Agreement)

(2008/C 209/19)

Language of the case: Italian

Referring court

Tribunale amministrativo regionale del Lazio

Parties to the main proceedings

Applicants: Confcooperative Friuli Venezia Giulia (C-23/07), Luigi Soini (C-23/07 and C-24/07), Azienda Agricola Vivai Pinato Mario e figlio (C-23/07), Cantina Produttori Cormòns Soc. cons. arl (C-24/07)

Applicants:

Defendants: Ministero delle Politiche Agricole, alimentari e forestali and Regione Friuli Venezia Giulia

Defendants:

Re:

Reference for a preliminary ruling — Tribunale amministrativo regionale del Lazio — Interpretation of Regulations 1493/1999 and 753/2002 as amended by Commission Regulation (EC) No 1429/2004 of 9 August 2004 amending Regulation (EC) No 753/2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products (OJ 2004 L 263, p. 11) — Interpretation of Article 34(2) EC — Designation of wines produced in Hungary and in the Community — Abolition of the designation ‘Tocai friulano’ — Discrimination against the producers and users of that designation as compared to the producers and users of other designations

Operative part of the order

| 1. | The Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded must be interpreted as meaning that, under Article 2 of that Act, the provisions of Commission Regulation (EC) No 753/2002 of 29 April 2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products, in so far as they prohibit the use of the name ‘Tocai’ to designate and present certain Italian quality wines produced in specified regions at the end of a transitional period expiring on 31 March 2007, form an integral part of the acquis communautaire existing on 1 May 2004 and, after being reproduced in Commission Regulation (EC) No 1429/2004 of 9 August 2004 amending Regulation No 753/2002, continued to apply after that date. |
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1.

The Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded must be interpreted as meaning that, under Article 2 of that Act, the provisions of Commission Regulation (EC) No 753/2002 of 29 April 2002 laying down certain rules for applying Council Regulation (EC) No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products, in so far as they prohibit the use of the name ‘Tocai’ to designate and present certain Italian quality wines produced in specified regions at the end of a transitional period expiring on 31 March 2007, form an integral part of the acquis communautaire existing on 1 May 2004 and, after being reproduced in Commission Regulation (EC) No 1429/2004 of 9 August 2004 amending Regulation No 753/2002, continued to apply after that date.

| 2. | Article 53 of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine constitutes an adequate legal basis on which the Commission of the European Communities may adopt the provisions of Regulation No 753/2002, reproduced in Regulation No 1429/2004, prohibiting the use of the name ‘Tocai’ to designate and present certain Italian quality wines produced in specified regions at the end of a transitional period expiring on 31 March 2007. |
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2.

Article 53 of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine constitutes an adequate legal basis on which the Commission of the European Communities may adopt the provisions of Regulation No 753/2002, reproduced in Regulation No 1429/2004, prohibiting the use of the name ‘Tocai’ to designate and present certain Italian quality wines produced in specified regions at the end of a transitional period expiring on 31 March 2007.

| 3. | The second subparagraph of Article 34(2) EC does not preclude the provisions of Regulation No 753/2002, reproduced in Regulation No 1429/2004, prohibiting the use of the name ‘Tocai’ to designate and present certain Italian quality wines produced in specified regions at the end of a transitional period expiring on 31 March 2007. |
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3.

The second subparagraph of Article 34(2) EC does not preclude the provisions of Regulation No 753/2002, reproduced in Regulation No 1429/2004, prohibiting the use of the name ‘Tocai’ to designate and present certain Italian quality wines produced in specified regions at the end of a transitional period expiring on 31 March 2007.

| 4. | Article 19(2) of Regulation No 753/2002 must be interpreted as meaning that it does not preclude the provisions of Regulation No 753/2002, reproduced in Regulation No 1429/2004, prohibiting the use of the name ‘Tocai’ to designate and present certain Italian quality wines produced in specified regions at the end of a transitional period expiring on 31 March 2007. |
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4.

Article 19(2) of Regulation No 753/2002 must be interpreted as meaning that it does not preclude the provisions of Regulation No 753/2002, reproduced in Regulation No 1429/2004, prohibiting the use of the name ‘Tocai’ to designate and present certain Italian quality wines produced in specified regions at the end of a transitional period expiring on 31 March 2007.

| 5. | Article 50 of Regulation No 1493/1999 must be interpreted as meaning that, in implementing the provisions of Articles 23 and 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which constitutes Annex 1C to the Agreement establishing the World Trade Organisation (WTO), signed in Marrakesh on 15 April 1994 and approved by Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) and in particular the provision in Article 24(6) of that agreement, those provisions do not preclude the adoption of measures such as those laid down in Regulation No 753/2002, reproduced in Regulation No 1429/2004, prohibiting the use of the name ‘Tocai’ to designate and present certain Italian quality wines produced in specified regions at the end of a transitional period expiring on 31 March 2007. |
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5.

Article 50 of Regulation No 1493/1999 must be interpreted as meaning that, in implementing the provisions of Articles 23 and 24 of the Agreement on Trade-Related Aspects of Intellectual Property Rights, which constitutes Annex 1C to the Agreement establishing the World Trade Organisation (WTO), signed in Marrakesh on 15 April 1994 and approved by Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) and in particular the provision in Article 24(6) of that agreement, those provisions do not preclude the adoption of measures such as those laid down in Regulation No 753/2002, reproduced in Regulation No 1429/2004, prohibiting the use of the name ‘Tocai’ to designate and present certain Italian quality wines produced in specified regions at the end of a transitional period expiring on 31 March 2007.

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(1)  OJ C 82, 14.4.2007.

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