Reino de Bélgica contra Reino de España.

• Jurisdiction: European Union
• ECLI: ECLI:EU:C:2000:244
• Docket Number: C-388/95
• Date: 16 May 2000
• Celex Number: 61995CJ0388
• Procedure Type: Recours en constatation de manquement - non fondé
• Court: Court of Justice (European Union)

Avis juridique important

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61995J0388

Judgment of the Court of 16 May 2000. - Kingdom of Belgium v Kingdom of Spain. - Article 34 of the EC Treaty (now, after amendment, Article 29 EC) - Regulation (EEC) No 823/87 - Quality wines produced in a specified region - Designations of origin - Obligation to bottle in the region of production - Justification - Consequences of an earlier judgment giving a preliminary ruling - Article 5 of the EC Treaty (now Article 10 EC). - Case C-388/95.

European Court reports 2000 Page I-03123

Summary
Parties
Grounds
Decision on costs
Operative part

Keywords

Free movement of goods - Quantitative restrictions of exports - Measures having equivalent effect - National rules requiring bottling in the region of production for wines bearing a designation of origin - Justification - Protection of industrial and commercial property - Condition - Measure that is necessary and proportionate and capable of upholding the considerable reputation of wines bearing a designation of origin

(EC Treaty, Arts 34 and 36 (now, after amendment, Arts 29 EC and 30 EC); Council Regulation No 823/87, Art. 18)

Summary

$$National rules applicable to wines bearing a designation of origin which make the use of the name of the production region conditional upon bottling in that region constitute a measure having an effect equivalent to quantitative restrictions on exports within the meaning of Article 34 of the Treaty (now, after amendment, Article 29 EC), since they have the effect of specifically restricting patterns of exports of wine eligible to bear the designation of origin and thereby of establishing a difference of treatment between trade within a Member State and its export trade.

They cannot be rendered lawful by Article 18 of Regulation No 823/87, which, for those types of wine, authorises the Member States, taking into account fair and traditional practices, to impose more stringent conditions of movement than those imposed by that regulation, since that article cannot be interpreted as authorising the Member States to derogate from the Treaty rules on the free movement of goods.

However, the requirement of bottling in the region of production, whose aim is to preserve the considerable reputation of the wine bearing the designation of origin by strengthening control over its particular characteristics and its quality, is justified as a measure protecting the designation of origin which may be used by all the wine producers in that region and is of decisive importance to them, and it must be regarded as being in conformity with Community law despite its restrictive effects on trade, since it constitutes a necessary and proportionate means of attaining the objective pursued in that there are no less restrictive alternative measures capable of attaining it.

( see paras 41-43, 45, 59, 75-76 )

Parties

In Case C-388/95,

Kingdom of Belgium, represented by Jan Devadder, General Adviser in the Legal Service of the Ministry of Foreign Affairs, External Trade and Cooperation with Developing Countries, acting as Agent, with an address for service in Luxembourg at the Belgian Embassy, 4 Rue des Girondins,

applicant,

supported by

Kingdom of Denmark, represented by P. Biering, Head of Division in the Ministry of Foreign Affairs, acting as Agent, with an address for service in Luxembourg at the Danish Embassy, 4 Boulevard Royal,

by

Kingdom of the Netherlands, represented by M. Fierstra and J. van den Oosterkamp, Deputy Legal Advisers in the Ministry of Foreign Affairs, acting as Agents, with an address for service in Luxembourg at the Netherlands Embassy, 5 Rue C.M. Spoo,

by

Republic of Finland, represented by H. Rotkirch, Ambassador and Head of the Legal Department, Ministry of Foreign Affairs, and T. Pynnä and K. Castrén, Legislative Adviser and Assistant, respectively, in that ministry, acting as Agents, with an address for service in Luxembourg at the Finnish Embassy, 2 Rue Heinrich Heine,

and by

United Kingdom of Great Britain and Northern Ireland, represented by S. Ridley, of the Treasury Solicitor's Department, and by E. Sharpston, Barrister, acting as Agent, with an address for service in Luxembourg at the British Embassy, 14 Boulevard Roosevelt,

interveners,

v

Kingdom of Spain, represented by Rosario Silva de Lapuerta, Abogado del Estado, acting as Agent, with an address for service in Luxembourg at the Spanish Embassy, 4-6 Boulevard E. Servais,

defendant,

supported by

Italian Republic, represented by Professor U. Leanza, Head of the Legal Department, Ministry of Foreign Affairs, acting as Agent, assisted by I.M. Braguglia, Avvocato dello Stato, with an address for service in Luxembourg at the Italian Embassy, 5 Rue Marie-Adélaïde,

by

Portuguese Republic, represented by L. Fernandes, Director of the Legal Service of the European Communities Directorate-General in the Ministry of Foreign Affairs, Â. Cortesão Seiça Neves, a lawyer in the same service, and L. Bigotte Chorão, an adviser in the Centre for Legal Studies of the Office of the President of the Council of Ministers, acting as Agents, with an address for service in Luxembourg at the Portuguese Embassy, 33 Allée Scheffer,

and by

Commission of the European Communities, represented by J.L. Iglesias Buhigues and H. van Lier, Legal Advisers, acting as Agents, with an address for service in Luxembourg at the office of C. Gómez de la Cruz, of its Legal Service, Wagner Centre, Kirchberg,

interveners,

APPLICATION for a declaration that, by maintaining in force Real Decreto 157/1988, por el que se establece la normativa a que deben ajustarse las denominaciones de origen y las denominaciones de origen calificadas de vinos y sus respectivos Reglamentos (Royal Decree No 157/88 laying down the rules governing designations of origin and controlled designations of origin for wines and regulations implementing it, BOE No 47 of 24 February 1988, p. 5864)) and in particular Article 19(1)(b) thereof, the Kingdom of Spain has failed to fulfil its obligations under Article 34 of the EC Treaty (now, after amendment, Article 29 EC), as interpreted by the Court of Justice of the European Communities in its judgment of 9 June 1992 in Case C-47/90 Delhaize v Promalvin [1992] ECR I-3669, and Article 5 of the EC Treaty (now Article 10 EC),

THE COURT,

composed of: G.C. Rodríguez Iglesias, President, J.C. Moitinho de Almeida, D.A.O. Edward, L. Sevón, R. Schintgen (Presidents of Chambers), C. Gulmann (Rapporteur), J.-P. Puissochet, G. Hirsch, P. Jann, H. Ragnemalm and M. Wathelet, Judges,

Advocate General: A. Saggio,

Registrar: D. Louterman-Hubeau, Principal Administrator,

having regard to the Report for the Hearing,

after hearing oral argument from the parties at the hearing on 21 October 1998, at which the Kingdom of Belgium was represented by J. Devadder, the Kingdom of Spain by R. Silva de Lapuerta, the Kingdom of Denmark by J. Molde, Head of Division in the Ministry of Foreign Affairs, acting as Agent, the Italian Republic by I.M. Braguglia, the Kingdom of the Netherlands by M. Fierstra, the Portuguese Republic by L. Fernandes and L. Bigotte Chorão, the Republic of Finland by T. Pynnä, the United Kingdom by E. Sharpston, assisted by P. Goodband, expert, and the Commission by J.L. Iglesias Buhigues and H. van Lier, assisted by A. Bertrand, Lecturer at the University of Bordeaux II,

after hearing the Opinion of the Advocate General at the sitting on 25 March 1999,

gives the following

Judgment

Grounds

1 By application lodged at the Registry of the Court on 13 December 1995, the Kingdom of Belgium brought an action under Article 170 of the EC Treaty (now Article 227 EC) for a declaration that, by maintaining in force Real Decreto 157/1988, por el que se establece la normativa a que deben ajustarse las denominaciones de origen y las denominaciones de origen calificadas de vinos y sus respectivos Reglamentos (Royal Decree No 157/88 laying down the rules governing designations of origin and controlled designations of origin for wines and regulations implementing it, BOE No 47 of 24 February 1988, p. 5864, hereinafter Decree No 157/88) and in particular Article 19(1)(b) thereof, the Kingdom of Spain has failed to fulfil its obligations under Article 34 of the EC Treaty (now, after amendment, Article 29 EC), as interpreted by the Court of Justice of the European Communities in its judgment of 9 June 1992 in Case C-47/90 Delhaize v Promalvin [1992] ECR I-3669, and Article 5 of the EC Treaty (now Article 10 EC).

The Spanish legislation in question

2 Ley 25/1970, Estatuto del la Viña, del Vino y los Alcoholes (Spanish Law laying down the basic rules concerning vines, wines and spirits, hereinafter Law No 25/70) and Decree No 157/88 lay down the conditions under which wine can be granted a denominación de origen (designation of origin) or, if certain additional conditions are complied with, a denominación de origen calificada (controlled designation of origin).

3 Under Articles 84 and 85 of Law No 25/70, the Minister for Agriculture may, at the request of wine growers and producers or on his own initiative, establish a designación de origen. A Consejo Regulador de la denominación de origen (Governing Council for designations of origin) is then set up. Under Article 87 et seq. of Law No 25/70 the Consejo Regulador, composed for the most part of representatives of the wine growing sector, is authorised, subject to approval by the Minister of Agriculture, to issue rules applicable to wines bearing a denominación de origen and also has the task of providing guidance for, overseeing and monitoring the production, preparation and quality of such wines, safeguarding the prestige of the designation on domestic and foreign markets and taking proceedings in respect of any unlawful use of the designation.

4 Article 86 of Law No 25/70 authorises the Minister for Agriculture, on a proposal from a Consejo Regulador, to grant the designation...