Keywords
Summary

Keywords

1 . MEASURES ADOPTED BY THE COMMUNITY INSTITUTIONS - VALIDITY - ASSESSMENT ONLY IN THE LIGHT OF COMMUNITY LAW

2 . COMMUNITY LAW - PRINCIPLES - FUNDAMENTAL RIGHTS - FREEDOM TO PURSUE ONE ' S TRADE OR PROFESSION - LIMITATIONS - PERMISSIBILITY - CONDITIONS

3 . AGRICULTURE - COMMON ORGANIZATION OF THE MARKETS - WINE - DESCRIPTION AND PRESENTATION OF WINE - LABELLING OF TABLE WINE - LIMITATION OF TERMS USED - GENERAL OBJECTIVES - JUSTIFICATION

( COUNCIL REGULATION NO 355/79 , ART . 2 ( 2 ) ( H ); - COMMISSION REGULATION NO 997/81 , ART . 13 ( 6 ))

Summary

1 . THE VALIDITY OF MEASURES ADOPTED BY THE INSTITUTIONS OF THE COMMUNITY CAN BE JUDGED ONLY IN THE LIGHT OF COMMUNITY LAW . A CLAIM THAT FUNDAMENTAL RIGHTS LAID DOWN IN THE CONSTITUTION OF A MEMBER STATE HAVE BEEN INFRINGED CANNOT IN ITSELF AFFECT THE VALIDITY OF A COMMUNITY MEASURE OR ITS EFFECT WITHIN THAT STATE .

2 . THE FREEDOM TO PURSUE ONE ' S TRADE OR PROFESSION IS PROTECTED WITHIN THE COMMUNITY LEGAL ORDER ONLY SUBJECT TO THE LIMITS JUSTIFIED BY THE GENERAL OBJECTIVES PURSUED BY THE COMMUNITY , ON CONDITION THAT THE SUBSTANCE OF THE RIGHT IS LEFT UNTOUCHED .

WHEREAS THE COMMUNITY RULES ON THE LABELLING OF WINES PLACE CERTAIN RESTRICTIONS WITHIN A CLEARLY DEFINED SPHERE ON THE BUSINESS ACTIVITY OF THE TRADERS CONCERNED , THEY IN NO WAY IMPINGE ON THE ACTUAL SUBSTANCE OF THE FREEDOM TO PURSUE THAT ACTIVITY .

3 . THE PRINCIPLE OF RESTRICTING THE NUMBER OF TERMS WHICH MAY BE USED ON THE LABELLING OF WINES , WHICH IS IMPLEMENTED BY COUNCIL REGULATION NO 355/79 AND COMMISSION REGULATION NO 997/81 ON THE DESCRIPTION AND PRESENTATION OF WINES AND GRAPE MUSTS , IS JUSTIFIED ON THE BASIS OF THE GENERAL OBJECTIVES PURSUED BY THE COMMON ORGANIZATION OF THE MARKET IN WINE . IN PARTICULAR THE EXCLUSION OF THE TERM ' DURCHGEGOREN ' ON THE LABELLING OF TABLE WINE IS WARRANTED BY THE GENERAL INTEREST AND HENCE DOES NOT CONSTITUTE A RESTRICTION , IN A MANNER CONTRARY TO COMMUNITY LAW , OF THE FREE PURSUIT OF THE TRADE OF WINE-GROWER .