Case C-354/22, Weingut A: Judgment of the Court (Fifth Chamber) of 23 November 2023 (request for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Weingut A v Land Rheinland-Pfalz (Reference for a preliminary ruling — Agriculture — Common organisation of the markets — Labelling and presentation in the wine sector — Designations of origin and geographical indications — Delegated Regulation (EU) 2019/33 — Second subparagraph of Article 54(1) — Indication of the holding carrying out the winemaking — Vineyards and winepress facility under lease from another wine-growing holding — Winemaking entirely carried out on the eponymous wine-growing holding)
Date: 2023-11-23
Institutions: Court of Justice
Subjects: common organisation of markets, designation of origin, labelling, product designation, quality control of agricultural products, vinification, viticulture, wine








C_202400610EN.000101.fmx.xml












Official Journal of the European Union


EN
Series C













C/2024/610


15.1.2024





Judgment of the Court (Fifth Chamber) of 23 November 2023 (request for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — Weingut A v Land Rheinland-Pfalz
(Case C-354/22, (1) Weingut A)
(Reference for a preliminary ruling - Agriculture - Common organisation of the markets - Labelling and presentation in the wine sector - Designations of origin and geographical indications - Delegated Regulation (EU) 2019/33 - Second subparagraph of Article 54(1) - Indication of the holding carrying out the winemaking - Vineyards and winepress facility under lease from another wine-growing holding - Winemaking entirely carried out on the eponymous wine-growing holding)
(C/2024/610)
Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings


Applicant: Weingut A

Defendant: Land Rheinland-Pfalz

Operative part of the judgment







1.


The second subparagraph of Article 54(1) of 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, labelling and presentation, as amended by Commission Delegated Regulation (EU) 2021/1375 of 11 June 2021,
must be interpreted as meaning that the fact that the pressing of grapes from leased vineyards takes place in a facility leased by the eponymous wine-growing holding for a short period from another wine-growing holding does not preclude the winemaking from being regarded as having been entirely carried out on the eponymous wine-growing holding, for the purposes of that provision, so long as that facility is exclusively at the disposal of the eponymous wine-growing holding for the period necessary for the pressing operation and that holding assumes actual management, close and continuous supervision and responsibility for that operation.










2.


The second subparagraph of Article 54(1) of Delegated Regulation 2019/33, as amended by Delegated Regulation 2021/1375 of 11 June 2021,
must be interpreted as meaning that winemaking is entirely carried out on the eponymous wine-growing holding, for the purposes of that provision, even if the pressing operation was performed by staff of the wine-growing holding which rented out the pressing facility to the eponymous wine-growing holding, provided that the owner of the latter holding assumes actual management, close and continuous supervision and responsibility for that operation. The fact that the wine-growing holding which rented out the winepress facility has an interest of its own in the manner in which the pressing is performed, in particular by reason of a contractual clause relating to a price supplement linked to yield and quality per hectolitre of wine, has no bearing on whether winemaking may be regarded as having been carried out on the eponymous wine-growing holding.






(1)  
            OJ C 311, 16.8.2022.


ELI: http://data.europa.eu/eli/C/2024/610/oj
ISSN 1977-091X (electronic edition)