Criminal proceedings against Albert Clement, Gerard Ces and others. [1981] EUECJ R-2/81 (17 December 1981)

Criminal proceedings against Albert Clement, Gerard Ces and others. [1981] EUECJ R-2/81 (17 December 1981)

Article 26(4) of Regulation (EEC) No 816/70 does not apply to wines intended for vinegar-making, as the prohibition on coupage is limited to wines intended for direct human consumption.

Citation
[1981] EUECJ R-2/81
Parties
Accused: Albert Clément; Accused: Gérard Ces; Prosecutor: Customs Authorities (France)
Jurisdiction
European Union
Judgment Date
17 December 1981
Procedural Posture
Reference for a Preliminary Ruling (criminal Proceedings) / Preliminary Ruling by Court of Justice of the European Communities
Outcome
Preliminary ruling issued: Article 26(4) of Regulation (EEC) No 816/70 does not apply to wines intended for vinegar-making.
Legal Topics
Common Organization of the Market in Wine, Coupage of Wines, Interpretation of Regulation (eec) No 816/70, Importation of Wines From Non Member Countries, Wine Intended for Vinegar Making
European Union Law Agriculture Law Criminal Law Common Organization of the Market in Wine Coupage of Wines Interpretation of Regulation (eec) No 816/70 Importation of Wines From Non Member Countries Wine Intended for Vinegar Making

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Parties

Albert Clément

Accused

Gérard Ces

Accused

Customs Authorities (France)

Prosecutor

Procedural Posture

Reference for a Preliminary Ruling (criminal Proceedings) / Preliminary Ruling by Court of Justice of the European Communities

Legal Issues

  1. 1 Does Article 26(4) of Regulation (EEC) No 816/70 apply to wines intended for vinegar-making?

Ratio Decidendi

Article 26(4) of Regulation (EEC) No 816/70 does not apply to wines intended for vinegar-making, as the prohibition on coupage is limited to wines intended for direct human consumption.

Court Disposition

Preliminary ruling issued: Article 26(4) of Regulation (EEC) No 816/70 does not apply to wines intended for vinegar-making.

Orders

  • The provisions of Article 26(4) of Regulation (EEC) No 816/70 do not apply to wines intended for vinegar-making.
  • Costs incurred by the French Government and the Commission are not recoverable; costs for the main proceedings are for the national court to decide.