Source: EURLEX
Language: en
Format: md

[**Avis juridique important**](../../../editorial/legal_notice.htm)

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# 61974J0012

**Judgment of the Court of 20 February 1975. - Commission of the European Communities v the Federal Republic of Germany. - Indirect appellation of origin. - Case 12-74.** 
  
*European Court reports 1975 Page 00181  
 Greek special edition Page 00087  
 Portuguese special edition Page 00095  
 Spanish special edition Page 00085  
 Swedish special edition Page 00441  
 Finnish special edition Page 00449*

  

[Summary](#SM)  
[Parties](#I1)  
[Subject of the case](#I2)  
[Grounds](#MO)  
[Decision on costs](#CO)  
[Operative part](#DI)

## Keywords

  
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1 . QUANTITATIVE RESTRICTIONS ON IMPORTS - MEASURES HAVING EQUIVALENT EFFECT - REGISTERED DESIGNATIONS OF ORIGIN - INDICATIONS OF ORIGIN - DEFINITION IN RELATION TO UNPROTECTED APPELLATIONS

( DIRECTIVE NO 70/50/EEC, ARTICLE 2 ( 3 ))

2 . QUANTITATIVE RESTRICTIONS - MEASURES HAVING EQUIVALENT EFFECT - INDUSTRIAL AND COMMERCIAL PROPERTY RIGHTS - INDICATIONS OF ORIGIN - INTRODUCTION OF A NEW MEASURE - PROTECTION OF A GENERIC APPELLATION - PROHIBITION

( EEC TREATY, ARTICLE 36 )*

## Summary

  
*1 . IN ORDER TO BE PROTECTED BY LAW, REGISTERED DESIGNATIONS OF ORIGIN AND INDICATIONS OF ORIGIN MUST DESCRIBE A PRODUCT COMING FROM A SPECIFIC GEOGRAPHICAL AREA AND MUST ENSURE NOT ONLY THAT THE INTERESTS OF THE PRODUCERS CONCERNED ARE SAFEGUARDED AGAINST UNFAIR COMPETITION, BUT ALSO THAT CONSUMERS ARE PROTECTED AGAINST INFORMATION WHICH MAY MISLEAD THEM .

THESE APPELLATIONS ONLY FULFIL THEIR SPECIFIC PURPOSE IF THE PRODUCT WHICH THEY DESCRIBE DOES IN FACT POSSESS QUALITIES AND CHARACTERISTICS WHICH ARE DUE TO THE FACT THAT IT ORIGINATED IN A SPECIFIC GEOGRAPHICAL AREA AND THEY MUST, PARTICULARLY IN THE CASE OF INDICATIONS OF ORIGIN, CONFER ON THE PRODUCT A SPECIFIC QUALITY AND SPECIFIC CHARACTERISTICS OF SUCH A NATURE AS TO DISTINGUISH IT FROM ALL OTHER PRODUCTS .

AN AREA OF ORIGIN WHICH IS DEFINED ON THE BASIS EITHER OF THE EXTENT OF NATIONAL TERRITORY OR A LINGUISTIC CRITERION CANNOT CONSTITUTE A GEOGRAPHICAL AREA WITHIN THE MEANING REFERRED TO ABOVE, CAPABLE OF JUSTIFYING AN INDICATION OF ORIGIN, PARTICULARLY AS THE PRODUCTS IN QUESTION MAY BE PRODUCED FROM GRAPES OF INDETERMINATE ORIGIN .

2 . ALTHOUGH THE TREATY DOES NOT RESTRICT THE POWER TO EACH MEMBER STATE TO LEGISLATE IN MATTERS OF INDICATIONS OF ORIGIN, THEY ARE NEVERTHELESS PROHIBITED BY THE SECOND SENTENCE OF ARTICLE 36 FROM INTRODUCING NEW MEASURES OF AN ARBITRARY AND UNJUSTIFIED NATURE WHOSE EFFECTS ARE, FOR THIS REASON, EQUIVALENT TO QUANTITATIVE RESTRICTIONS .

THIS IS PRECISELY THE CASE WHERE A NATIONAL LEGISLATURE GRANTS THE PROTECTION PROVIDED FOR INDICATIONS OF ORIGIN TO APPELLATIONS WHICH, AT THE TIME WHEN SUCH PROTECTION IS GRANTED, ARE MERELY GENERIC IN NATURE .*

## Parties

  
*IN CASE 12/74

COMMISSION OF THE EUROPEAN COMMUNITIES, REPRESENTED BY ITS LEGAL ADVISER, HEINRICH MATTHIES, ACTING AS AGENT, ASSISTED BY PETER ULMER OF THE HAMBURG BAR, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE OFFICES OF ITS LEGAL ADVISER, PIERRE LAMOUREUX, 4 BOULEVARD ROYAL, APPLICANT,

V

FEDERAL REPUBLIC OF GERMANY, REPRESENTED BY PROFESSOR THOMAS OPPERMANN OF THE UNIVERSITY OF TUEBINGEN, WITH AN ADDRESS FOR SERVICE IN LUXEMBOURG AT THE EMBASSY OF THE FEDERAL REPUBLIC OF GERMANY, 20-22 AVENUE DE L'ARSENAL, DEFENDANT,*

## Subject of the case

  
*APPLICATION FOR A DECLARATION THAT THE FEDERAL REPUBLIC OF GERMANY IS FAILING TO FULFIL ITS OBLIGATIONS UNDER THE EEC TREATY, IN PARTICULAR AS REGARDS THE PROHIBITION ON MEASURES HAVING AN EFFECT EQUIVALENT TO QUANTITATIVE RESTRICTIONS ON IMPORTS, BY RESERVING THE APPELLATIONS 'SEKT' AND 'WEINBRAND' TO THE DOMESTIC PRODUCT AND THE APPELLATION 'PRAEDIKATESSEKT' TO WINES PRODUCED WITHIN THE COUNTRY FROM A FIXED MINIMUM PROPORTION OF HOME-GROWN GRAPES;*

## Grounds

[Top](#document1)