), OR DOES ARTICLE 43 ( 1 ) PROVIDE COMPREHENSIVE RULES FOR THE DESCRIPTION OF PRODUCTS?
( B)DOES ARTICLE 43 OF THE REGULATION PERMIT THE APPLICATION OF NATIONAL LEGISLATION HAVING WIDER SCOPE , FOR EXAMPLE , ARTICLE 3 UWG ( GESETZ GEGEN DEN UNLAUTEREN WETTBEWERB ( LAW AGAINST UNFAIR COMPETITION )), IN A CASE WHERE CONSUMERS MAY BE MISLED BY A DESCRIPTION WHICH , WHILST IT CANNOT BE CONFUSED WITH THE NAME OF AN ACTUALLY EXISTING SMALL LOCALITY , MAY GIVE THE IMPRESSION OF BEING THE NAME OF A SMALL LOCALITY?
' ' .
11 ARTICLE 54 ( 1 ) OF COUNCIL REGULATION NO 337/79 OF 5 FEBRUARY 1979 ON THE COMMON ORGANIZATION OF THE MARKET IN WINE ( OFFICIAL JOURNAL 1979 , L 54 , P . 1 ) REQUIRES THE COUNCIL TO ADOPT ' ' RULES RELATING TO THE DESIGNATION AND PRESENTATION OF THE PRODUCTS LISTED IN ARTICLE 1 ' ' . THOSE RULES FORM THE SUBJECT-MATTER OF REGULATION NO 355/79 , THE INTERPRETATION OF WHICH IS AT ISSUE BEFORE THE BUNDESGERICHTSHOF .
12 ARTICLES 8 , 18 AND 43 OF THE LATTER REGULATION , WHICH FORM THE SUBJECT-MATTER OF THE QUESTIONS OF THE BUNDESGERICHTSHOF , MUST BE INTERPRETED WITHIN THE FRAMEWORK OF THE RULES ON THE COMMON ORGANIZATION OF THE MARKET IN WINE OF WHICH THEY FORM PART . THE PURPOSE OF THAT ORGANIZATION IS TO ENSURE THAT WINE PRODUCTS MAY CIRCULATE FREELY THROUGHOUT THE COMMUNITY AS A WHOLE AND AT THE SAME TIME TO ESTABLISH THE EQUILIBRIUM OF THE MARKET WITHIN THE FRAMEWORK OF A POLICY WHICH IS INTENDED TO MAINTAIN AND IMPROVE THE QUALITY OF WINE PLACED ON THE MARKET . IN THAT CONTEXT REGULATION NO 355/79 , HAS THE PARTICULAR PURPOSE , WITH REGARD TO THE DESCRIPTION AND PRESENTATION OF WINES , OF ENSURING , IN THE INTERESTS OF CONSUMERS IN ALL THE MEMBER STATES , THE TRANSPARENCY OF THE MARKET AND OF ENABLING APPROPRIATE SUPERVISION TO BE CARRIED OUT .
13 THAT OBJECTIVE IS EMPHASIZED BY BOTH THE 45TH RECITAL IN THE PREAMBLE TO REGULATION NO 337/79 , WHICH STATES THAT ' ' FRAUD AND MISREPRESENTATION MUST BE PUNISHED EFFECTIVELY AND SPEEDILY ' ' , AND BY THE SECOND RECITAL IN THE PREAMBLE TO REGULATION NO 355/79 , IN WHICH IT IS STATED THAT ' ' THE PURPOSE OF ANY DESCRIPTION AND PRESENTATION SHOULD BE TO SUPPLY POTENTIAL BUYERS AND PUBLIC BODIES RESPONSIBLE FOR ORGANIZING AND SUPERVISING THE MARKETING OF THE PRODUCTS CONCERNED WITH INFORMATION WHICH IS SUFFICIENTLY CLEAR AND ACCURATE TO ENABLE THEM TO FORM AN OPINION OF THE PRODUCTS ' ' .
14 TO THAT END AND IN REGARD TO THE DESCRIPTION OF THE WINES AND ADVERTISING , REGULATION NO 355/79 APPLIES SYSTEMATICALLY TO ALL PRACTICES CAPABLE OF AFFECTING FAIR TRADING .
15 THAT IS THE SUBJECT-MATTER OF ARTICLE 8 ( C ) AND ARTICLE 18 ( C ) WHICH PROHIBIT , IN THE DESCRIPTION OF TABLE WINES AND QUALITY WINES PSR RESPECTIVELY , THE USE ON LABELS OF WORDS ,