Opinion of the Advocate General — ECLI:EU:C:2007:639
Date: 2007-10-25
Language of the case: German
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Agriculture and Fisheries;Wine
Procedure: Reference for a preliminary ruling
Origin: Germany

Summary of the Judgment 1. Agriculture – Common organisation of the markets – Wine – Designation and presentation of wines – Regulations Nos 1493/1999 and 753/2002 (Council Regulation No 1493/1999, Art. 47(2)(c) and Annex VII, point B(1)(b), fifth indent, and (3); Commission Regulation No 753/2002, Arts 6(1) and 23) 2. Agriculture – Common organisation of the markets – Wine – Designation and presentation of wines – Regulations Nos 1493/1999 and 753/2002 (Commission Regulation No 753/2002, Art. 24(2)(a), and Annex III) 3. Agriculture – Common organisation of the markets – Wine – Designation and presentation of wines – Regulations Nos 1493/1999 and 753/2002 (Commission Regulation No 753/2002, Art. 24(2) and Annex III) 1. Article 47(2)(c) of Regulation No 1493/1999 on the common organisation of the market in wine, in conjunction with point (B)(3) of Annex VII thereto and Article 6(1) of Regulation No 753/2002 laying down certain rules for applying Regulation No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products, as amended by Regulation No 1512/2005, is to be interpreted as meaning that the use of a particular relating to the production or ageing method or the quality of a wine may be permitted under those provisions only if there is no risk that it will mislead the persons to whom it is addressed by creating confusion between that particular and the other traditional terms referred to in the fifth indent of point (B)(1)(b) of Annex VII to Regulation No 1493/1999 and Article 23 of Regulation No 753/2002. It is for the national court to assess whether the terms in issue in the main proceedings are likely to give rise to such a risk. (see paras 28-29, 31-32, operative part 1) 2. Article 24(2)(a) of Regulation No 753/2002 laying down certain rules for applying Regulation No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products, as amended by Regulation No 1512/2005, is to be interpreted as meaning that there may be imitation or evocation of a traditional term within the meaning of that provision where that term is translated into a language other than that in which that term is given in Annex III to that regulation, if that translation is likely to cause confusion or to mislead the persons to whom it is addressed. It is for the national court to examine whether that is the case in the dispute before it. (see paras 39, 43-44, operative part 2) 3. Article 24(2) of Regulation No 753/2002 laying down certain rules for applying Regulation No 1493/1999 as regards the description, designation, presentation and protection of certain wine sector products, as amended by Regulation No 1512/2005, is to be interpreted as meaning that a traditional term listed in Annex III to that regulation is protected both with regard to wines of the same category or categories from the same producer Member State as that traditional term and with regard to wines of the same category or categories from other producer Member States. (see paras 53, 55-56, 58, operative part 3)