' UNDIVIDED RESPONSIBILITY ' ' OFFERS ' ' THE BEST POSSIBLE GUARANTEE THAT QUALITY WILL BE MAINTAINED AND AT THE SAME TIME ENSURES EFFECTIVE SUPERVISION ' ' AND THUS PERMITS ' ' THE QUALITY AND INDIVIDUALITY OF THE PRODUCT ' ' TO BE SECURED ; ( STATEMENT OF REASONS FOR THE LAW , BUNDESTAGSDRUCKSACHE V/1636 , P . 61 ).
THAT SUPERVISION IS SAID TO BE ESSENTIAL FOR THE INFORMATION OF CONSUMERS , SINCE WEINBRAND MANUFACTURED IN THE FEDERAL REPUBLIC HAS A SPECIAL CHARACTER AND TASTE DERIVED IN PARTICULAR FROM THE WAY IN WHICH IT IS DISTILLED , THE RESTRICTIONS ON REFINING AND THE TREATMENT OF THE CONSTITUENT PARTS OF THE DISTILLATES , ESPECIALLY AS GERMAN WEINBRAND IS DISTILLED UNTIL THE ALCOHOLIC STRENGTH IS 85* AND WITHOUT ANY YEAST , AND PRIMARILY FROM WINE FORTIFIED FOR DISTILLATION AND CRUDE DISTILLATE , WHEREAS FOREIGN PRODUCTS ARE DIRECTLY DISTILLED FROM BASIC WINE ( GRUNDWEIN ).
14FROM ALL THESE CONSIDERATIONS IT MUST BE RECOGNIZED THAT THE RIGHT TO USE THE DESIGNATION OF QUALITY FOR HOME-PRODUCED SPIRITS MUST DEPEND UPON THE FACT THAT THE DISTILLATION , WHICH IS THE DETERMINATIVE PROCESS , IS ACTUALLY CARRIED OUT MAINLY WITHIN THE COUNTRY .
THAT REQUIREMENT DOES NOT CONTRAVENE THE PROHIBITION ON MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS , IN PARTICULAR BECAUSE BY VIRTUE OF THE RULE LAID DOWN IN ARTICLE 44 OF THE WEINGESETZ AND FOLLOWING THE JUDGMENT OF THE COURT OF 20 FEBRUARY 1975 THE FEDERAL GOVERNMENT PLACES NO RESTRICTION ON THE USE NOT ONLY OF THE DESIGNATION ' ' QUALITATSBRANNTWEIN AUS WEIN ' ' BUT ALSO OF THE DESIGNATION ' ' WEINBRAND ' ' FOR SPIRITS FROM OTHER MEMBER STATES WHICH MEET THE REQUIREMENTS OF THE PRINCIPLE OF ' ' UNDIVIDED RESPONSIBILITY ' ' ENSHRINED IN ARTICLE 44 FOR SPIRITS COMING FROM OTHER MEMBER STATES , IN A WAY SIMILAR TO THAT ADOPTED BY ARTICLE 40 FOR HOME-PRODUCED SPIRITS .
15FURTHERMORE , IT SHOULD BE POINTED OUT THAT IT IS AN ESTABLISHED FACT THAT GERMAN SPIRITS ARE MANUFACTURED NOT FROM GRAPES OR WINES PRODUCED ON THE TERRITORY OF THE FEDERAL REPUBLIC OF GERMANY BUT FROM FOREIGN WINES IMPORTED MAINLY IN THE FORM OF WINES FORTIFIED FOR DISTILLATION ( BRENNWEINE ) OR OF CRUDE DISTILLATES ( ROHBRANDE ).
16FINALLY , IT SHOULD ALSO BE NOTED THAT THE DESIGNATIONS ' ' QUALITATSBRANNTWEIN AUS WEIN ' ' AND ' ' WEINBRAND ' ' ARE NOT , EITHER WITHIN THE MEANING OF THE DOMESTIC LAWS OF THE MEMBER STATES OR THAT OF ARTICLE 2 ( 3 ) ( S ) OF COMMISSION DIRECTIVE NO 70/50/EEC OF 22 DECEMBER 1969 ( OFFICIAL JOURNAL , ENGLISH SPECIAL EDITION 1970 ( I ), P . 17 ), INDICATIVE OF ORIGIN OR SOURCE BUT MUST BE REGARDED AS DESIGNATIONS OF QUALITY FORMULATED BY THE LEGISLATION OF A MEMBER STATE .
MOREOVER , IN THE BEFOREMENTIONED JUDGMENT OF 20 FEBRUARY 1975 THE COURT HELD THAT THE DESIGNATION ' ' WEINBRAND ' ' WAS NOT AN INDICATION OF ORIGIN ( HERKUNFTSANGABE )