RECEIVED AT THE COURT REGISTRY ON 9 FEBRUARY 1978 THE VERWALTUNGSGERICHT OF THE FREIE HANSESTADT BREMEN REFERRED TO THE COURT , PURSUANT TO ARTICLE 177 OF THE EEC TREATY , THREE QUESTIONS ON THE INTERPRETATION OF ARTICLES 30 , 31 AND 36 ( THE FIRST TWO QUESTIONS ), 86 ( B ) AND 90 ( 1 ) ( THE THIRD QUESTION ) OF THE SAID TREATY .
2THOSE QUESTIONS HAVE BEEN RAISED IN AN ACTION BROUGHT BY A GERMAN MANUFACTURER OF SPIRITS AGAINST THE COMPETENT AUTHORITY OF THE CITY OF BREMEN RELATING TO THE FORMER ' S RIGHT TO USE THE DESIGNATIONS ' ' QUALITATSBRANNTWEIN ' ' AND ' ' WEINBRAND ' ' IN CONNEXION WITH ITS PRODUCTS MADE FROM WINE DISTILLATES IMPORTED FROM ANOTHER MEMBER STATE .
THE REPLIES TO THE QUESTIONS REFERRED ARE INTENDED TO ENABLE THE NATIONAL COURT TO DECIDE WHETHER THE WHOLE OR PART OF ARTICLE 40 OF THE FEDERAL LAW OF 14 JULY 1971 ON WINE , LIQUEUR WINE , SPARKLING WINE , WINE-BASED BEVERAGES AND SPIRITS MADE FROM WINE ( BUNDESGESETZBLATT I 1971 , P . 893 ) AND HEREINAFTER REFERRED TO AS THE WEINGESETZ IS COMPATIBLE WITH COMMUNITY LAW AND IN PARTICULAR WITH THE PROVISIONS CITED BY THE NATIONAL COURT .
PRELIMINARY CONSIDERATIONS
3FOR THE PURPOSE OF ANSWERING THE QUESTIONS REFERRED TO THE COURT ATTENTION SHOULD BE DRAWN TO SOME OF THE MATTERS OF LAW AND FACT WITH REFERENCE TO WHICH THE NATIONAL COURT HAS RAISED THEM .
4ACCORDING TO ARTICLE 35 OF THE WEINGESETZ ' ' SPIRITS MADE FROM WINE ARE THE LIQUID DERIVED FROM WINE DISTILLATE WHICH HAS AN ALCOHOLIC STRENGTH OF AT LEAST 38* AND MAY BE DRUNK AS SUCH OR SIMPLY DILUTED WITH WATER ( PREPARATION ) ' ' .
ARTICLE 36 OF THAT LAW PROVIDES THAT WINE DISTILLATE IS THE LIQUID OBTAINED BY HEATING EITHER WINE OR WINE FORTIFIED FOR DISTILLATION ( BRENNWEIN ), THAT IS TO SAY , ACCORDING TO THE EXPLANATIONS GIVEN TO THE COURT , WINE TO WHICH A DISTILLATE HAS BEEN ADDED AND HAVING AN ALCOHOLIC STRENGTH OF ABOUT 24* , OR AGAIN BY HEATING ' ' CRUDE DISTILLATE ' ' ( ROHBRAND AUS WEIN ODER AUS BRENNWEIN ), THAT IS TO SAY , AGAIN ACCORDING TO THE EXPLANATIONS GIVEN TO THE COURT , A WINE , WHETHER FORTIFIED FOR DISTILLATION OR NOT , WHICH HAS UNDERGONE AN INITIAL DISTILLATION , OR FINALLY BY HEATING A BLEND OF THE ABOVE-MENTIONED PRODUCTS UNTIL A DISTILLED PRODUCT IS MANUFACTURED HAVING AN ALCOHOLIC STRENGTH OF AT LEAST 52* AND NOT MORE THAN 86* ; NO OTHER SUBSTANCE MAY BE ADDED TO OR EXTRACTED FROM THE DISTILLED LIQUID OBTAINED IN THIS WAY .
5ACCORDING TO THE PLAINTIFF IN THE MAIN ACTION , IF THE INITIAL DISTILLATION , WHICH YIELDS THE ' ' ROHBRAND ' ' , IS CARRIED OUT BY THE STILL DISTILLATION PROCESS , IT PRODUCES SPIRITS DISTILLED FROM WINE HAVING AN ALCOHOLIC STRENGTH OF BETWEEN 24 AND 25* WHICH MUST IN FACT BE DISTILLED A SECOND