Keywords
Summary

Keywords

ACTION AGAINST A MEMBER STATE FOR FAILURE TO FULFIL ITS OBLIGATIONS - JUDGMENT OF THE COURT DECLARING THAT A MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS - EFFECTS - OBLIGATIONS OF THE MEMBER STATE AT FAULT - COMPLIANCE WITH THE JUDGMENT IN FULL - SPECIFIC CIRCUMSTANCES

( EEC TREATY , ARTS 169 AND 171 )

Summary

A DECLARATION BY THE COURT , IN A JUDGMENT GIVEN IN PROCEEDINGS AGAINST A MEMBER STATE FOR FAILURE TO FULFIL ITS OBLIGATIONS , THAT ' BY RESTRICTING THE DESIGNATION ' ' VINEGAR ' ' TO WINE VINEGAR ' THE MEMBER STATE HAS FAILED TO FULFIL ITS OBLIGATIONS UNDER ARTICLE 30 ET SEQ . OF THE TREATY , OBLIGES THAT STATE TO ADOPT APPROPRIATE MEASURES TO ABOLISH IN THEIR ENTIRETY ANY RULES OR PRACTICES IN NATIONAL LAW RESTRICTING THE DESIGNATION IN QUESTION EXCLUSIVELY TO WINE VINEGAR .

A LEGISLATIVE AMENDMENT CANNOT BE REGARDED AS COMPLYING PRECISELY AND IN FULL WITH THE JUDGMENT IF , WHILST CREATING A NEW GENERIC DESIGNATION ( ' AGRO ' ), THE AMENDMENT CONTINUES TO RESTRICT THE TRADITIONAL DESIGNATION ( ' ACETO ' ) TO WINE VINEGAR , SO THAT OTHER CATEGORIES OF NATURAL VINEGARS MAY ONLY BE DESIGNATED BY TERMS WHICH ARE LESS WELL KNOWN TO , AND LESS APPRECIATED BY , NATIONAL CONSUMERS .