Opinion of the Advocate General — ECLI:EU:C:1998:114
Date: 1998-03-19
Language of the case: French
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Approximation of laws
Procedure: Reference for a preliminary ruling
Origin: France

Summary of the Judgment 
Approximation of laws — Definition, description and presentation of spirit drinks — Regulation 
No 1576/89 — Spirit drink containing whisky diluted with water, with an alcoholic strength by 
volume of less than 40% — Use of the term 'whisky' in the sales description — Not permissible 
— Inclusion of the term 'whisky' in the list of ingredients — Specific conditions 
(Council Regulation No 1576/89, Art. 5; Council Directive 79/112, Arts 2(1) and 7(1)) 
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SUMMARY — CASE C-136/96 
Article 5 of Regulation N o 1576/89 laying 
down general rules on the definition, 
description and presentation of spirit drinks 
prohibits the inclusion of the generic term 
'whisky' in the sales description of a spirit 
drink containing whisky diluted with water, 
with an alcoholic strength by volume of less 
than 40%, or the addition of the term 
'whisky' to the description 'spirit' or 'spirit 
drink' applied to such a drink. 
The term 'whisky' may none the less, pursu­
ant to Article 7(1) of Directive 79/112 on the 
approximation of the laws of the Member 
States relating to the labelling, presentation 
and advertising of foodstuffs for sale to the 
ultimate consumer, appear on the label of 
such a product, subject to the general pro­
viso under Article 2(1) of that directive that 
the labelling of a foodstuff must not be such 
as could mislead the purchaser as to its char­
acteristics and, in particular, its nature and 
properties. It must be pointed out that Regu­
lation No 1576/89 is a specific legislative 
provision, and thus prevails over Directive 
79/112. Consequently, whilst the term 
'whisky' may appear without qualification in 
the list of ingredients, it may not, without 
defeating the prohibition of the use of the 
term 'whisky' in the sales description, appear 
in close proximity to that sales description 
unless it is clearly separated and more 
discreet. 
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