Wine-Sector Jurisprudence

Decision of the Southern Central Administrative Court on the supervisory powers of the Institute of Vine and Wine (IVV) over wine-product labelling. The court delimited the scope of IVV intervention as against ASAE, clarifying each authority's subject-matter competence.

Decision on access to support under the VITIS programme for vineyard conversion and restructuring. The court ruled on eligibility requirements and the scope of judicial review of IFAP decisions on agricultural funds.

Decision of the Central Administrative Court on oenological practices authorised by the IVDP under the Port PDO. The judgment addressed the distinction between permissible correction practices and adulteration, with direct implications for producers' regulatory compliance.

Judgment on the legal nature of Casa do Douro and its powers within the interprofessional organisation of Douro viticulture, analysing the interplay between association law and the special wine-sector law applicable to the Douro Demarcated Region.

Decision on the evidential value and reviewability of administrative documents issued by the IVDP in certification and wine-sector infringement proceedings.

Judgment on conflict between a trade mark sign and the "Porto" designation of origin, analysing the criteria for likelihood of confusion and the relationship between trade mark registration and the protection of geographical indications under national and European law.

Leading decision on the scope of protection of the "Porto" Designation of Origin and its extension to the English-language designation "Port". The court delimited the requirements for applying Article 103 of Regulation (EU) No 1308/2013 and protection against evocative and indirect uses.

Judgment on the use of the expression "CARLO PORTO" as a trade mark for a wine product. The court considered whether incorporating the word "PORTO" constituted prohibited reproduction of the designation of origin or unfair exploitation of its reputation, analysing European GI law and CJEU case law.

Judgment on compliance criteria under the Port Wine PDO product specification, analysing producers' obligations and the consequences of non-compliance for certification and marketing.

Judgment of the Supreme Court of Justice on a trade mark conflict in Class 33 (wines, spirits and liqueurs). The Court ruled on the criteria for assessing likelihood of confusion where the products concerned span several sub-categories of the same NICE class, with implications for trade mark filing strategy in the sector.

Decision on a challenge to a fine imposed in wine-sector administrative-offence proceedings, analysing the requirements for judicial appeal and the limits of judicial review of the administrative sanctioning decision.

Judgment on the tax relevance of absorption losses occurring in the production of liqueur wine, analysing the tax treatment of losses and shrinkage inherent in the wine-production process.