COURT ON 21 JULY 1975, THE COUR D'APPEL, LYON, REFERRED A QUESTION TO THE COURT OF JUSTICE UNDER ARTICLE 177 OF THE EEC TREATY ON THE INTERPRETATION OF REGULATION NO 1539/71 OF THE COMMISSION OF 19 JULY 1971 DETERMINING COMMUNITY METHODS FOR THE ANALYSIS OF WINES ( OJ, ENGLISH SPECIAL EDITION, 1971 ( II ), P . 552 ).
2 IT APPEARS FROM THE JUDGMENT MAKING THE REFERENCE THAT THE QUESTION WAS RAISED DURING CRIMINAL PROCEEDINGS BROUGHT AGAINST A VINE GROWER AND A WINE MERCHANT ACCUSED OF HAVING ILLEGALLY ENRICHED CERTAIN QUANTITIES OF RED WINE AND HAVING OFFERED THOSE QUANTITIES FOR SALE UNDER THE APPELLATION 'BEAUJOLAIS VILLAGES '.
3 THE PROSECUTIONS ARE BASED ON ARTICLE 8 OF THE CODE DU VIN WHICH RE-ENACTS THE PROVISIONS OF THE DECREE OF 19 APRIL 1898 AND CREATES A PRESUMPTION OF OVER-ALCOHOLIZATION OF WINE IF THE PROPORTION OF ALCOHOL TO REDUCED EXTRACT IS IN EXCESS OF 4.6 IN RESPECT OF RED WINES AND 6.5 IN RESPECT OF WHITE WINES, SUBJECT TO CERTAIN ADJUSTMENTS WHICH WERE INTRODUCED TO TAKE ACCOUNT OF PARTICULAR METHODS OF WINE-MAKING .
4 BY VIRTUE OF PROVISIONS ADOPTED BY THE FRENCH AUTHORITIES TO PREVENT FRAUD AND ADULTERATION IN CONNEXION WITH WINES, THE METHOD OF ANALYSIS KNOWN AS THE 100* METHOD IS USED TO MEASURE THE DRY EXTRACT IN ORDER TO DETERMINE THE PROPORTION OF ALCOHOL TO REDUCED EXTRACT MENTIONED IN ARTICLE 8 OF THE CODE DU VIN .
5 THE COUR D'APPEL, LYON, ASKS 'WHETHER THE COMMUNITY METHODS FOR THE ANALYSIS OF WINES LAID DOWN IN REGULATION ( EEC ) NO 1539/71 OF 19 JULY 1971 ARE MANDATORY FOR THE INVESTIGATION INTO AND PUNISHMENT OF FRAUD RELATING TO WINE '.
6 ARTICLE 1 OF THAT REGULATION PROVIDES THAT THE METHODS OF ANALYSIS SET OUT IN THE ANNEX TO THE REGULATION SHALL BE USED FOR THE APPLICATION OF REGULATION NO 816/70 OF THE COUNCIL OF 28 APRIL 1970 LAYING DOWN ADDITIONAL PROVISIONS FOR THE COMMON ORGANIZATION OF THE MARKET IN WINE AND REGULATION NO 817/70 OF THE COUNCIL LAYING DOWN SPECIAL PROVISIONS RELATING TO QUALITY WINES PRODUCED IN SPECIFIED REGIONS ( OJ, ENGLISH SPECIAL EDITION, 1970 ( I ), P . 234 AND P . 252 ).
7 ITEM 3 IN THE ANNEX PROVIDES THAT 'THE TOTAL DRY EXTRACT SHALL BE MEASURED BY A DENSIMETER AND CALCULATED INDIRECTLY FROM THE SPECIFIC GRAVITY OF THE RESIDUE WITHOUT ALCOHOL '.
8 IN ORDER TO DECIDE WHETHER THIS METHOD, AND ALSO THE OTHER METHODS OF ANALYSIS LAID DOWN BY THE REGULATION, ARE MANDATORY FOR THE INVESTIGATION INTO AND PUNISHMENT FOR FRAUD RELATING TO WINE, IT MUST FIRST BE OBSERVED THAT THEY WERE LAID DOWN PRIMARILY IN ORDER TO DETERMINE THE AMOUNTS OF THE VARIOUS CONSTITUENT ELEMENTS WHICH WINE MUST CONTAIN IN ORDER TO BE GIVEN THE DESCRIPTION TABLE WINE OR QUALITY WINE PRODUCED IN A SPECIFIED REGION UNDER REGULATION NOS 816/70 AND 817/70 .
9 NEVERTHELESS, THE THIRD RECITAL IN THE PREAMBLE TO REGULATION NO 1539/71 PROVIDES THAT 'THESE METHODS SHOULD BE COMPULSORY FOR ALL