We informed you last year of the judgment of the Versailles Court of Appeal (Ch 3, 3 April 2014 ANPAA\/CIVB) which claimed that appearing \u201cgrumpy\u201d was not imposed by the EVIN Law.<\/p>\n\n\n\n
Hearing this case again the Supreme Court made a new judgement on 1st July 2015, at the end of which it reviews the strict position issued in its first judgement of 23rd February 2012.<\/p>\n\n\n\n
It recognizes that \"the impression of pleasure which emerges from the visual as a whole does not exceed what is necessary to the promotion of products and inherent to the advertising process itself, which remains lawful [\u2026] \".<\/p>\n\n\n\n
It thus waters its wine with respect to the assessment of the advertising campaign for Bordeaux wines, which was the object of criticism from the ANPAA.<\/p>\n\n\n\n
It is interesting to note that the Supreme Court also mentions the provisions of the Consumer Code that reference article L3323-4 of the Public Health code. This article specifies that advertising for alcoholic beverages may include \u201creferences relative to production areas, distinctions obtained and designation of origin as defined in article L 115-1 of the Consumer Code.\u201d<\/p>\n\n\n\n
The Supreme Court states that the individuals displayed on the posters, which are expressly designated as members of the production and marketing chain of Bordeaux wines, must relate not to consumers but to the \"human factor\" referred to in Article L115-1 of the Consumer Code; the human factor being one of the geographical environmental criteria necessary for the constitution of the designation of origin.<\/p>\n\n\n\n
This new line by the Supreme Court, that is more flexible in its analysis, enables a more secure interpretation of the EVIN law as it better conforms to both the text of the law as well as to its spirit. <\/p>\n\n\n\n
A decision that should therefore be appreciated without moderation!<\/p>\n\n\n\n
Regimbeau\u2019s team of specialised Wines & Spirits law is available to advise you and guide you in the protection of your creations and defence of your rights.<\/p>\n","protected":false},"excerpt":{"rendered":"
We informed you last year of the judgment of the Versailles Court of Appeal (Ch 3, 3 April 2014 ANPAA\/CIVB) which claimed that appearing \u201cgrumpy\u201d was not imposed by the...<\/p>\n","protected":false},"author":24,"featured_media":0,"template":"","tags":[835,394,396,417,397],"class_list":["post-6779","insight","type-insight","status-publish","hentry","tag-wine-and-spirit","tag-patents-en","tag-designen-en","tag-evin-law","tag-trademarks-en"],"acf":[],"yoast_head":"\n