A MEMBER STATE MAY NOT BE PREVENTED FROM SUBJECTING THE MANUFACTURER OF WINE-BASED APERITIFS TO SPECIAL QUALITY RULES , DEPENDING ON THE CHARACTERISTICS OF THAT KIND OF BEVERAGE . IF A REQUIREMENT OF A MINIMUM PROPORTION OF ALCOHOL LIKE THAT CONTAINED IN ARTICLE 5 OF THE FRENCH DECREE OF 31 JANUARY 1930 IS WITHIN THE COMMUNITY LIMITS , IT MEETS THAT CRITERION OF QUALITY .
17 IT DOES NOT APPEAR THAT THE POWER WHICH MEMBER STATES THEREFORE HAVE IS RESTRICTED BY THE PROVISIONS OF COMMUNITY LAW GOVERNING THE MARKETING OF PRODUCTS USED TO MAKE WINE-BASED APERITIFS AND , IN THIS CASE , TABLE WINE .
18 POINT 10 OF ANNEX II TO REGULATION NO 816/70 OF THE COUNCIL AND NOW POINT 11 OF COUNCIL REGULATION NO 337/79 LIMIT THE ALCOHOLIC STRENGTH OF TABLE WINE TO BETWEEN 8.5* AT THE MINIMUM AND 15* OR 17* AT THE MAXIMUM , AS THE CASE MAY BE ; HOWEVER , THAT PROVISION DEALS ONLY WITH WINES INTENDED FOR DIRECT CONSUMPTION IN THEIR PRESENT STATE WHICH MAY THEREFORE BE IMPORTED AND MAY CIRCULATE FREELY IN THE COMMUNITY , ALTHOUGH UNDER THE RELEVANT NATIONAL LEGISLATION THEY MAY NOT BE USED TO MAKE WINE-BASED APERITIFS IF THEIR ALCOHOLIC STRENGTH IS NOT THAT FIXED BY THAT LEGISLATION .
19 THE ANSWER TO THE SECOND QUESTION MUST THEREFORE BE THAT REGULATION NO 816/70 DOES NOT PRECLUDE NATIONAL LEGISLATION ON THE PREPARATION OF WINE-BASED APERITIFS FROM CONTAINING A PROVISION SUCH AS THAT REFERRED TO BY THE NATIONAL COURT .
QUESTION 3
20 IN VIEW OF THE ANSWERS GIVEN TO QUESTIONS 1 AND 2 CONSIDERATION OF QUESTION 3 IS NO LONGER NECESSARY FOR THE NATIONAL COURT TO BE ABLE TO DECIDE THE CASE BEFORE IT .
Decision on costs
COSTS
21 THE COSTS INCURRED BY THE FRENCH GOVERNMENT AND THE COMMISSION OF THE EUROPEAN COMMUNITIES WHICH HAVE SUBMITTED OBSERVATIONS TO THE COURT ARE NOT RECOVERABLE . AS THESE PROCEEDINGS ARE , IN SO FAR AS THE PARTIES TO THE MAIN ACTION ARE CONCERNED , IN THE NATURE OF A STEP IN THE ACTION PENDING BEFORE THE NATIONAL COURT , THE DECISION ON COSTS IS A MATTER FOR THAT COURT .
Operative part
ON THOSE GROUNDS ,
THE COURT ,
IN ANSWER TO THE QUESTIONS SUBMITTED TO IT BY THE TRIBUNAL CORRECTIONNEL , MONTPELLIER , BY ORDER DATED 29 SEPTEMBER 1980 HEREBY RULES :
1 . THE APPELLATION ' ' WINE-BASED APERITIFS ' ' IS NOT AT PRESENT GOVERNED BY COMMUNITY REGULATIONS WHICH EXCLUDE THE APPLICATION OF THE NATIONAL LEGISLATION OF THE MEMBER STATES .
2 . REGULATION NO 816/70 OF THE COUNCIL OF 28 APRIL 1970 LAYING DOWN ADDITIONAL PROVISIONS FOR THE COMMON ORGANIZATION OF THE MARKET IN WINE DOES NOT PRECLUDE NATIONAL LEGISLATION ON THE PREPARATION OF WINE-BASED APERITIFS FROM CONTAINING A PROVISION SUCH AS THAT REFERRED TO BY THE NATIONAL COURT .