TIME IN ORDER TO FULFIL THE REQUIREMENTS OF ARTICLES 35 AND 36 RELATING TO ALCOHOLIC STRENGTH .
HOWEVER , IF THE INITIAL DISTILLATION IS CARRIED OUT USING THE COLUMN APPARATUS IT PRODUCES - AGAIN ACCORDING TO THE PLAINTIFF IN THE MAIN ACTION - A DISTILLATE WITH AN ALCOHOLIC STRENGTH OF 70* , WHICH MAKES A SECOND DISTILLATION UNNECESSARY .
6ON THE OTHER HAND , ACCORDING TO THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY , THE PRODUCT DERIVED FROM THE INITIAL DISTILLATION - WHATEVER ITS ALCOHOLIC STRENGTH - IS A PRODUCT WHICH HAS NOT BEEN PURIFIED AND IS FOR THIS REASON CALLED CRUDE DISTILLATE WHICH , BEFORE IT CAN BE USED FOR THE MANUFACTURE OF SPIRITS , MUST UNDERGO A SECOND DISTILLATION WHICH TRANSFORMS IT INTO A READY-PREPARED DISTILLATE ( FERTIGES DESTILLAT ).
7THE WEINGESETZ DRAWS A DISTINCTION IN SECTION II OF PART 2 ( ARTICLES 35 TO 44 ) BETWEEN SPIRITS MADE FROM WINE WHICH ARE HOME-PRODUCED ON THE NATIONAL TERRITORY ( INLANDISCHE BRANNTWEINE AUS WEIN ) AND ARE DEALT WITH IN ARTICLES 36 TO 41 , AND THOSE WHICH ARE MANUFACTURED ABROAD ( AUSLANDISCHE BRANNTWEINE AUS WEIN ) AND ARE DEALT WITH IN ARTICLES 42 TO 44 .
THAT DISTINCTION IS ARRIVED AT BY APPLYING DIFFERENT CRITERIA AND ITS EFFECTS DIFFER DEPENDING ON WHETHER THE SPIRITS IN QUESTION ARE ORDINARY SPIRITS OR THOSE FOR WHICH THE DESIGNATIONS ' ' QUALITATSBRANNTWEIN AUS WEIN ' ' AND ' ' WEINBRAND ' ' ARE CLAIMED .
8AS FOR ORDINARY SPIRITS , ARTICLE 39 ( 1 ) PROVIDES THAT THOSE PRODUCED ON THE NATIONAL TERRITORY MUST BE MARKED ' ' BRANNTWEIN AUS WEIN ' ' , WHEREAS IN THE CASE OF SPIRITS OF FOREIGN ORIGIN - AND ESPECIALLY THOSE FROM ANOTHER MEMBER STATE - THE NAME OF THE PRODUCING COUNTRY OR THE ADJECTIVE DERIVED FROM THAT NAME MUST , ACCORDING TO ARTICLE 44 OF THE WEINGESETZ , BE ADDED TO THAT MARKING .
WITHIN THE MEANING OF THOSE PROVISIONS AND BY VIRTUE OF ARTICLE 38 OF THE WEINGESETZ ORDINARY SPIRITS ARE DEEMED TO BE MANUFACTURED ON THE NATIONAL TERRITORY WHERE THE BLENDING OF THE DISTILLATES OR THEIR COUPAGE OR THE ADDITION OF CERTAIN PRODUCTS LISTED IN THE SAID ARTICLE 38 IS CARRIED OUT ON THE NATIONAL TERRITORY , IRRESPECTIVE OF THE ORIGIN - WHETHER DOMESTIC OR FOREIGN - OF THE WINES , FORTIFIED WINES , CRUDE DISTILLATE OR EVEN READY-PREPARED DISTILLATES , FROM WHICH THE SPIRITS ARE MANUFACTURED .
9ON THE OTHER HAND , SPIRITS WHICH ARE INTENDED TO CARRY THE DESIGNATIONS ' ' QUALITATSBRANNTWEIN AUS WEIN ' ' AND ' ' WEINBRAND ' ' ARE CONSIDERED TO HAVE BEEN PRODUCED ON THE NATIONAL TERRITORY ONLY IF THEY FULFIL THE REQUIREMENTS SET OUT IN ARTICLE 40 OF THE WEINGESETZ AND IN PARTICULAR THE TWO CONDITIONS THAT :
( A ) AT LEAST 85% OF THE ALCOHOLIC CONTENT IS DERIVED FROM WINE DISTILLATE OBTAINED AS A RESULT OF DISTILLATION CARRIED OUT ON THE NATIONAL TERRITORY ;
( B ) THE WHOLE OF THE