JURISPRUDENCE 2005 to 2017
Council of State, July 27, 2005, n ° 261989, Civil society of agricultural exploitation “Domaine des Baumard” and Union for the defense of the controlled label of origin “Quarts de Chaume”
BOARD OF STATE
Ruling on litigation
No. 261989
CIVIL SOCIETY OF AGRICULTURAL EXPLOITATION “DOMAINE DES BAUMARD” and DEFENSE UNION OF THE APPELLATION OF CONTROLLED ORIGIN “QUARTS DE CHAUME”
Ms. Martine Jodeau-Grymberg
Rapporteur
Ms. Isabelle de Silva
Government Commissioner
Session of June 29, 2005
Reading of July 27, 2005
FRENCH REPUBLIC
IN THE NAME OF THE FRENCH PEOPLE
The Council of State deciding on litigation
(Litigation section, 2nd and 7th sub-sections combined)
On the report of the 2nd subsection of the Litigation Section
Having regard to the summary request and the additional memorandum, registered on November 21, 2003 and March 18, 2004 at the litigation secretariat of the Council of State, presented for the CIVIL SOCIETY OF AGRICULTURAL EXPLOITATION “DOMAINE DES BAUMARD”, whose head office is 8, rue of the Abbey Le Logis de la Giraudière in Rocherfort-sur-Loire (49190) and for the DEFENSE SYNDICATE OF THE APPELLATION OF CONTROLLED ORIGIN “QUARTS DE CHAUME”, headquartered in the Town Hall in Rochefort-sur-Loire (49190); the CIVIL SOCIETY OF AGRICULTURAL EXPLOITATION “DOMAINE DES BAUMARD” and the DEFENSE UNION OF THE APPELLATION OF CONTROLLED ORIGIN “QUARTS DE CHAUME” ask the Council of State:
1 °) to cancel the decree of September 19, 2003 relating to the controlled label of origin “Chaume-Premier cru des Coteaux du Layon”;
2) to charge the State the sum of 3,588 euros in application of article L. 761-1 of the code of administrative justice;
Having regard to the other documents in the file;
Considering the rural code;
Having regard to the consumer code;
Considering the code of administrative justice;
After having heard in public session:
the report of Mrs. Martine Jodeau-Grymberg, Councilor of State,
the observations of the SCP Waquet, Farge, Hazan, lawyer of the CIVIL SOCIETY OF AGRICULTURAL EXPLOITATION “DOMAINE DES BAUMARD” and of the SYNDICAT DE DEFENSE OF THE APPELLATION OF ORIGIN CONTROL “QUARTS DE CHAUME” and of the SCP Parmentier, Didier, lawyer of the National Institute of the labels of origin,
the conclusions of Mrs. Isabelle de Silva, Commissioner of the government;
Without it being necessary to examine the other means of the request;
115-1 of the Consumer Code, have a duly established reputation and are subject to approval procedures. / The controlled designation of origin can never be considered to be generic and fall into the public domain. / The name which constitutes the appellation of origin or any other mention evoking it cannot be used for any similar product, without prejudice to the legislative or regulatory provisions in force on July 6, 1990, or for any other product or service when this use is liable to divert or weaken the reputation of the appellation of origin (.) “; controlled origin can never be considered to be generic and fall into the public domain. / The name which constitutes the appellation of origin or any other mention evoking it cannot be used for any similar product, without prejudice to the legislative or regulatory provisions in force on July 6, 1990, or for any other product or service when this use is likely to divert or weaken the reputation of the appellation of origin (.) “; controlled origin can never be considered to be generic and fall into the public domain. / The name which constitutes the appellation of origin or any other mention evoking it cannot be used for any similar product, without prejudice to the legislative or regulatory provisions in force on July 6, 1990, or for any other product or service when this use is liable to divert or weaken the reputation of the appellation of origin (.) “;
Considering that the wines produced starting from the grounds located around the village of Chaume, in the commune of Rochefort-sur-Loire, obtained the benefit of the controlled label of origin “Quarts de Chaume” by decree of August 10, 1954; that, taking into account the notoriety acquired by the controlled label of origin “Quarts de Chaume”, moreover recognized by the national committee of wines and brandies of the National Institute of the controlled labels of origin, the use of the name “Chaume” associated with the mention “premier cru” for the creation of a new appellation “Chaume-Premier cru des Coteaux du Layon”, by the contested decree of September 19, 2003, corresponding to a production area outside the village of Chaume, allows this new appellation to benefit from the notoriety of “Quarts de Chaume” while benefiting exclusively from the “Premier Cru” label; that thus, the use of the name of “Chaume” associated with the mention “premier cru” is likely to cause confusion in the mind of the consumer, to create the appearance of a hierarchy of wines favorable to the new name and, consequently, to divert or weaken the notoriety of the name “Quarts de Chaume” in violation of the aforementioned provisions of article L. 641-2 of the rural code; that, consequently, it is necessary to cancel the contested decree of September 19, 2003 relating to the controlled label of origin “Chaume-Premier cru of the Coteaux du Layon”; while profiting exclusively from the mention “premier cru”; that thus, the use of the name of “Chaume” associated with the mention “premier cru” is likely to cause confusion in the mind of the consumer, to create the appearance of a hierarchy of wines favorable to the new name and, consequently, to divert or weaken the notoriety of the name “Quarts de Chaume” in violation of the aforementioned provisions of article L. 641-2 of the rural code; that, consequently, it is necessary to cancel the contested decree of September 19, 2003 relating to the controlled label of origin “Chaume-Premier cru of the Coteaux du Layon”; while profiting exclusively from the mention “premier cru”; that thus, the use of the name of “Chaume” associated with the mention “premier cru” is likely to cause confusion in the mind of the consumer, to create the appearance of a hierarchy of wines favorable to the new name and, consequently, to divert or weaken the notoriety of the name “Quarts de Chaume” in violation of the aforementioned provisions of article L. 641-2 of the rural code; that, consequently, it is necessary to cancel the contested decree of September 19, 2003 relating to the controlled label of origin “Chaume-Premier cru of the Coteaux du Layon”; use of the name “Chaume” associated with the mention “premier cru” is likely to cause confusion in the mind of the consumer, to create the appearance of a hierarchy of wines favorable to the new appellation and, for example, consequently, to divert or weaken the notoriety of the appellation “Quarts de Chaume” in violation of the aforementioned provisions of article L. 641-2 of the rural code; that, consequently, it is necessary to cancel the contested decree of September 19, 2003 relating to the controlled label of origin “Chaume-Premier cru of the Coteaux du Layon”; use of the name “Chaume” associated with the mention “premier cru” is likely to cause confusion in the mind of the consumer, to create the appearance of a hierarchy of wines favorable to the new appellation and, for example, consequently, to divert or weaken the notoriety of the appellation “Quarts de Chaume” in violation of the aforementioned provisions of article L. 641-2 of the rural code; that, consequently, it is necessary to cancel the contested decree of September 19, 2003 relating to the controlled label of origin “Chaume-Premier cru of the Coteaux du Layon”; a hierarchy of wines favorable to the new appellation and, consequently, to divert or weaken the notoriety of the appellation “Quarts de Chaume” in violation of the aforementioned provisions of article L. 641-2 of the rural code; that, consequently, it is necessary to cancel the contested decree of September 19, 2003 relating to the controlled label of origin “Chaume-Premier cru of the Coteaux du Layon”; a hierarchy of wines favorable to the new appellation and, consequently, to divert or weaken the notoriety of the appellation “Quarts de Chaume” in violation of the aforementioned provisions of article L. 641-2 of the rural code; that, consequently, it is necessary to cancel the contested decree of September 19, 2003 relating to the controlled label of origin “Chaume-Premier cru of the Coteaux du Layon”;
On the conclusions tending to the application of the provisions of article L. 761-1 of the code of administrative justice:
Considering that these provisions preclude being charged to the CIVIL SOCIETY OF AGRICULTURAL EXPLOITATION “DOMAINE DES BAUMARD” and the DEFENSE UNION OF THE APPELLATION OF CONTROLLED ORIGIN “QUARTS DE CHAUME”, which are not in the present case the losing parties, the sum requested by the National Institute of Appellations of Origin for the costs incurred by it and not included in the costs;
Considering that it is appropriate, in the circumstances of the case, to charge the State a total sum of 3,500 euros for the costs incurred by the CIVIL SOCIETY OF AGRICULTURAL EXPLOITATION “DOMAINE DES BAUMARD” and the UNION FOR THE DEFENSE OF THE APPELLATION OF CONTROLLED ORIGIN “QUARTS DE CHAUME” and not included in the costs;
DECIDES:
Article 1: The decree of September 19, 2003 relating to the controlled label of origin “Chaume-Premier cru des Coteaux du Layon” is canceled.
Article 2: The State will pay jointly to the SOCIETE CIVILE D’EXPLOITATION AGRICOLE “DOMAINE DES BAUMARD” and to the DEFENSE UNION OF THE APPELLATION OF CONTROLLED ORIGIN “QUARTS DE CHAUME” the total sum of 3,500 euros for the article L. 761-1 of the code of administrative justice.
Article 3: The conclusions of the National Institute of appellations of origin tending to the application of the provisions of article L. 761-1 of the code of administrative justice are rejected.
Article 4: This decision shall be notified to the SOCIETE CIVILE D’EXPLOITATION AGRICOLE “DOMAINE DES BAUMARD”, to the DEFENSE UNION OF THE APPELLATION OF ORIGIN CONTROL “QUARTS DE CHAUME”, to the National Institute of Appellations of Origin , the Minister of Agriculture and Fisheries, the Minister of the Economy, Finance and Industry and the Prime Minister.
If it can be excused of the illegality of the proposals of the national committee of the National Institute of the labels of origin in support of a request for annulment of the decree approving them, these proposals present in themselves only ‘a preparatory character for this decision.
BOARD OF STATE
Ruling on litigation
No. 247888
Mr. L.
Mr. Vidal
Rapporteur
Ms. de Silva
Government Commissioner
Session of September 8, 2003
Reading of September 29, 2003
FRENCH REPUBLIC
IN THE NAME OF THE FRENCH PEOPLE
The Council of State deciding on litigation
(Litigation section, 2nd and 1st sub-section combined)
On the report of the 2nd subsection of the Litigation Section
Seen, registered at the litigation secretariat of the Council of State on June 17, 2002, the order dated June 11, 2002 by which the president of the administrative court of Orléans transmitted to the Council of State, in application of article R. 351-2 of the code of administrative justice, the request presented to this court by Mr. Jean-Claude L.;
Considering the request, registered at the registry of the administrative court of Orleans, January 14, 2002, presented by Mr. Jean-Claude L. coming to the rights of GAECL ET FILS and tending to:
1) the annulment of the decision dated October 15, 2001 by which the national committee of the National Institute of Designations of Origin confirmed the report of the committee of experts relating to the downgrading of vineyard plots operated by the applicant part outside the zone of controlled label of origin “Touraine” as from the 2002 harvest;
2 °) alternatively the annulment of the provision of the said decision specifying the deadline, namely the 2002 harvest, from which the disputed plots will be located outside any appellation area;
Having regard to the other documents in the file;
Having regard to the rural code, in particular article L. 641-3;
Having regard to the amended decree of December 24, 1939 relating to the designation of origin Touraine;
Considering the code of administrative justice;
After having heard in public session:
the report of Mr. Vidal, State Councilor,
the conclusions of Mrs. de Silva, Government Commissioner;
Considering that the request of ML tends to the cancellation for excess of power of the deliberation of February 27 and 28, 2001 of the national committee of the National Institute of the appellations of origin, as this deliberation refused, after complaint of GAECL ET SON, to include, totally or partially, in the area of controlled label of origin “Touraine”, sixteen of the plots belonging to the applicant;
Considering that under the terms of article L.641-3 of the rural code: “Each controlled label of origin is defined by decree on a proposal from the National Institute of appellations of origin. The decree delimits the geographical area of production and determines the conditions of production and approval of the product … “;
Considering that it follows from the aforementioned provisions that, if it can be excused of the illegality of the proposals of the national committee of the National Institute of the labels of origin in support of a request for cancellation of the decree approving them , these proposals are in themselves only preparatory to this decision; that, therefore, if it is open to the applicant to ask the Minister, before signing the said decree, to cause, if necessary, a new deliberation of the national committee of the National Institute of appellations of origin or, after its signature, to challenge this regulatory text for excess of power within the time limits for the litigation appeal or, after the expiry of these time limits,
DECIDES:
Article 1: Mr. L.’s request is rejected.
Article 2: This decision will be notified to Mr. Jean-Claude L., to the National Institute of Designations of Origin and to the Minister of Agriculture, Food, Fisheries and Rural Affairs.
