Wine Industry Report

(Case C-285/06)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: Heinrich Stefan Schneider

Defendant: Land Rheinland-Pfalz

Questions referred

1. Is Article 47(2)(b) and (c) of Regulation (EC) No 1493/19991 in conjunction with the fifth indent of point (B)(1)(b) and point (B)(3) of Annex VII to that regulation and Article 23 of Regulation (EC) No 753/2002 to be interpreted as meaning that a particular which refers to the production or ageing method or the quality of the wine is permitted only as a regulated ‘optional particular’ in accordance with the fifth indent of point (B)(1)(b) of Annex VII to Regulation (EC) No 1493/1999 under the conditions provided for therein and in Article 23 of Regulation (EC) No 753/20022, and not as an ‘other particular’ in accordance with point (B)(3) of Annex VII to Regulation (EC) No 1493/1999?

2. Is Article 24(2)(a) of Regulation (EC) No 753/2002 to be interpreted as meaning that imitation or evocation exists only if it is in the same language as that of the protected traditional term?

3. Is Article 24(2) of Regulation (EC) No 753/2002 to be interpreted as meaning that the traditional terms listed in Annex III are protected only with regard to wines from the same producer Member State as the protected traditional term?

____________

1 - OJ 1999 L 179, p. 1

2 - OJ 2002 L 118, p. 1

[Source: European Court of Justice]