OF IMPORTED PRODUCTS ON THE LABELLING , THE INFORMATION SPECIFIED IN ARTICLES 27 , 28 AND 29 SHALL BE GIVEN IN ONE OR MORE OF THE OFFICIAL LANGUAGES OF THE COMMUNITY .
HOWEVER ,
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REFERENCES TO SUPERIOR QUALITY , AS REFERRED TO IN ARTICLE 28 ( 2 ) ( C ),
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SHALL BE GIVEN IN ONE OF THE OFFICIAL LANGUAGES OF THE THIRD COUNTRY OF ORIGIN . SUCH INFORMATION MAY ALSO BE GIVEN IN AN OFFICIAL LANGUAGE OF THE COMMUNITY .
THE USE OF CERTAIN TERMS RESULTING FROM THE TRANSLATION OF THE INFORMATION REFERRED TO IN THE SECOND SUBPARAGRAPH MAY BE GOVERNED BY IMPLEMENTING RULES . '
ARTICLE 43 OF REGULATION NO 355/79 STIPULATES THAT THE DESCRIPTION AND PRESENTATION OF WINES MUST NOT BE LIABLE TO CAUSE CONFUSION AS TO THEIR NATURE , ORIGIN AND COMPOSITION .
4 COMMISSION REGULATION ( EEC ) NO 997/81 OF 26 MARCH 1981 LAYING DOWN DETAILED RULES FOR THE DESCRIPTION AND PRESENTATION OF WINES AND GRAPE MUSTS ( OFFICIAL JOURNAL 1981 L 106 , P . 1 ) PROVIDES IN THE SECOND SUBPARAGRAPH OF ARTICLE 2 ( 4 ), WHICH WAS ADOPTED IN IMPLEMENTATION OF ARTICLE 30 ( 7 ) OF REGULATION NO 355/79 , THAT ' ON THE LABELS OF WINES IMPORTED INTO THE COMMUNITY NO EXPRESSION CONCERNING SUPERIOR QUALITY . . . MAY BE TRANSLATED INTO GERMAN BY ANY OF THE FOLLOWING TERMS : ..., ' ' SPATLESE ' ' , ' ' AUSLESE ' ' , ... ' .
5 FOLLOWING THE ADOPTION OF THAT REGULATION , THE APPLICANT APPLIED TO THE RESPONSIBLE FEDERAL AUTHORITIES AND TO THE COMMISSION PROPOSING , WITH A VIEW BOTH TO COMPLYING WITH THE NEW REGULATION AND TO TRANSLATING THE CORRESPONDING HUNGARIAN TERMS AS FAITHFULLY AS POSSIBLE , THAT THE ADJECTIVAL FORMS OF THE TERMS ' SPATLESE ' AND ' AUSLESE ' , THAT IS TO SAY ' SPATGELESEN ' ( HARVESTED LATE ) AND ' AUSGELESEN ' ( SELECTED ), BE USED . THE COMMISSION APPROVED THAT PROPOSAL IN A LETTER OF 14 AUGUST 1981 . THE APPLICANT ALLEGES THAT IT WAS IN RELIANCE THEREON THAT IT DECIDED TO IMPORT AND MARKET IN THE FEDERAL REPUBLIC OF GERMANY HUNGARIAN AND YUGOSLAVIAN WINES WITH LABELS BEARING THE TERMS ' SPATGELESEN ' AND ' AUSGELESEN ' .
6 THAT WAS THE POSITION WHEN COMMISSION REGULATION NO 1224/83 OF 6 MAY 1983 WAS ADOPTED . ARTICLE 1 ( 3 ) ( G ) THEREOF PROVIDES THAT ' ON THE LABELS OF IMPORTED WINES NO EXPRESSION CONCERNING SUPERIOR QUALITY . . . MAY BE TRANSLATED INTO GERMAN BY ANY OF THE FOLLOWING TERMS : ... ' ' SPATLESE ' ' , ' ' AUSLESE ' ' , ... ' ' SPATGELESEN ' ' OR ' ' AUSGELESEN ' ' . '
7 THE PROHIBITION OF THE USE OF THOSE ADJECTIVAL FORMS IS JUSTIFIED AS FOLLOWS IN THE FIFTH RECITAL IN THE PREAMBLE TO REGULATION NO 1224/83 :