C-23/07 & C-24/07

CONFCOOPERATIVE FRIULI VENEZIA GIULIA E.A. AND OTHERS

The ECJ has been asked for a preliminary ruling on the following subject:

The Hungary Accession Treaty and in particular the provisions on the names of wines and whether:

• It is to be interpreted that with effect from 1 May 2004 only the provisions of Community legislation referred to in Regulation 1493/99 concerning the common market in wine and Regulation 753/2002 as amended by Regulation 1429/2004 concerning the description, designation, presentation and protection of certain wine products are applicable?
• Whether Article 52 of Regulation 1493/99 constitutes an adequate legal basis on which the European Commission may abolish the use of the name of a wine that is lawfully entered into a State’s registers and referred to in Community legislation?
• Whether Article 34(2) EC prohibits discrimination against producers and users of just one wine name in so far as the continued use of that name is prohibited after 31 March 2007?
• Whether Article 19(2) of Regulation 753/2002 is to be interpreted as meaning that it is possible and lawfully permissible for there to be cases of homonymy among the names of wine varieties and geographical indications referring to wines produces within the EC?
• If the answer to the 4th question is in the affirmative, does Article 34(2) EC preclude the Commission from applying in one of its own regulations the criterion of homonymy whilst refusing to accept as lawful the use of just one name of wine variety that has been lawfully used for centuries in the European market?
• Whether Article 50 of Regulation 1493/99 is to be interpreted as meaning that in implementing Articles 23 and 24 of TRIPS, it is not possible for the Community to adopt or approve measures such as Regulation 753/2002