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09 October 2014 — Economy and Law

European Union: legal effects of OIV recommendations

Homepage > News > Economy and Law > European Union: legal effects of OIV recommendations

In the framework of a procedure regarding the legal basis for a decision taken by the Council of the European Union, on 7 October 2014 the Court of Justice of the EU delivered a judgment containing the following recitals:

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“OIV recommendations [are explicitly compared] to rules of EU law as regards the methods of analysis for determining the composition of products of the wine sector, the special requirements applicable, in terms of oenological practices, to imports of wine originating from third countries, and the purity and identification specifications of substances used in such practices.” (§61)

“the recommendations (…) which (…) relate to new oenological practices, methods of analysis for determining the composition of products of the wine sector, or purity and identification specifications of substances used in oenological practices, are capable of decisively influencing the content of the legislation adopted by the EU legislature in the area of the common organisation of the wine markets.” (§63)

“such recommendations, in particular by reason of their incorporation into EU law (…) have legal effects in that area for the purposes of Article 218(9) TFEU and that the European Union, while not a party to the OIV Agreement, is entitled to establish a position to be adopted on its behalf with regard to those recommendations, in view of their direct impact on the European Union’s acquis in that area.” (§64).