STATES ARE EMPOWERED TO LAY DOWN QUALITY STANDARDS FOR PRODUCTS MARKETED ON THEIR TERRITORY AND MAY MAKE THE USE OF DESIGNATIONS OF QUALITY SUBJECT TO COMPLIANCE WITH SUCH STANDARDS , BUT ONLY ON THE CONDITION THAT SUCH STANDARDS AND DESIGNATIONS - UNLIKE THE POSITION IN THE CASE OF REGISTERED DESGINATIONS OF ORIGIN AND INDICATIONS OF ORIGIN - ARE NOT LINKED TO A REQUIREMENT THAT THE PRODUCTION PROCESS FOR THE PRODUCTS IN QUESTION BE CARRIED ON WITHIN THE COUNTRY BUT ARE DEPENDENT SOLELY ON THE EXISTENCE OF THE INTRINSIC OBJECTIVE CHARACTERISTICS WHICH GIVE THE PRODUCTS THE QUALITY REQUIRED BY LAW .
A PRESUMPTION OF QUALITY WHICH IS LINKED TO A REQUIREMENT THAT THE WHOLE OR PART OF THE PRODUCTION PROCESS SHOULD TAKE PLACE ON NATIONAL TERRITORY , THEREBY RESTRICTING OR TREATING UNFAVOURABLY A PROCESS SOME OR ALL OF THE PHASES WHEREOF ARE CARRIED OUT IN OTHER MEMBER STATES IS , ALWAYS EXCEPTING THE RULES RELATING TO REGISTERED DESIGNATIONS OF ORIGIN AND INDICATIONS OF ORIGIN , INCOMPATIBLE WITH THE COMMON MARKET .
THIS IS MORE PARTICULARLY THE CASE WHERE THE REQUIREMENT THAT THE WHOLE OR PART OF THE PRODUCTION PROCESS SHOULD TAKE PLACE ON NATIONAL TERRITORY IS , IN SUBSTANCE , JUSTIFIED ONLY BY A RULE WHICH , BY INTRODUCING THE PRINCIPLE OF ' ' UNDIVIDED RESPONSIBILITY ' ' , IS INTENDED TO FACILITATE QUALITY CONTROLS WHEREAS SUCH CONTROLS MAY BE CARRIED OUT JUST AS EFFECTIVELY BY MEANS WHICH ARE LESS RESTRICTIVE OF TRADE BETWEEN MEMBER STATES .
26IT FOLLOWS FROM ALL THE FOREGOING CONSIDERATIONS THAT A NATIONAL MEASURE WHICH MAKES THE RIGHT TO USE A DESIGNATION OF QUALITY FOR A DOMESTIC PRODUCT SUBJECT TO THE CONDITION THAT THE SEMI-FINISHED PRODUCT FROM WHICH IT WAS MANUFACTURED WAS EITHER PRODUCED OR TREATED ON NATIONAL TERRITORY , AND REFUSES TO ALLOW THE USE OF THAT DESIGNATION SIMPLY BECAUSE THE SEMI-FINISHED PRODUCT WAS IMPORTED FROM ANOTHER MEMBER STATE , IS A MEASURE HAVING AN EFFECT EQUIVALENT TO A QUANTITATIVE RESTRICTION .
THE FACT THAT THE USE OF THAT DESIGNATION OF QUALITY IS OPTIONAL DOES NOT MEAN THAT IT CEASES TO BE AN UNJUSTIFIED OBSTACLE TO TRADE IF THE USE OF THAT DESIGNATION PROMOTES OR IS LIKELY TO PROMOTE THE MARKETING OF THE PRODUCT CONCERNED AS COMPARED WITH PRODUCTS WHICH DO NOT BENEFIT FROM ITS USE .
27IT IS TRUE THAT , ACCORDING TO ARTICLE 2 ( 1 ), COMMISSION DIRECTIVE NO 70/50/EEC RELATES SOLELY TO ' ' MEASURES , OTHER THAN THOSE APPLICABLE EQUALLY TO DOMESTIC OR IMPORTED PRODUCTS ' ' AND THAT , ACCORDING TO THE FEDERAL REPUBLIC OF GERMANY , A COMPARISON OF ARTICLES 40 AND 44 OF THE WEINGESETZ SHOWS THAT HOME-PRODUCED SPIRITS AND THOSE COMING FROM THE OTHER MEMBER STATES ARE SUBJECT , IN SO FAR AS ENTITLEMENT TO THE DESIGNATIONS OF QUALITY ' ' QUALITATSBRANNTWEIN AUS WEIN ' ' AND ' ' WEINBRAND ' ' IS CONCERNED , TO CONDITIONS WHICH ARE SUBSTANTIALLY THE SAME .
IN FACT , IF SPIRITS COMING FROM THE OTHER MEMBER STATES ARE TO BENEFIT