Aldi may be put on ice over champagne sorbet, says CJEU adviser
Retailer Aldi may be put on ice over its sale of ‘Champagner Sorbet’ in 2012, an official at Europe’s highest court has said.
In an opinion handed down yesterday, July 20, advocate general Manuel Campos Sánchez-Bordona said Aldi may be hard-pressed to emerge victorious in the dispute.
Germany’s Federal Court of Justice (the Bundesgerichtshof) had asked whether the Comité Interprofessionnel du Vin de Champagne (CIVC) was entitled to request the cessation of the sale of the sorbet.
The CIVC is the trade body that protects France’s Champagne wines, which has geographical indication protection in Australia as well as the EU.
Champagne is protected by strict rules that mean it can only be produced at certified vineyards and by specific methods in its home region in northern France.
According to Sánchez-Bordona, the label on the sorbet packaging shows a cork, a half full glass and a drink that is presumed to be champagne.
He added that in the background of the packaging, there is a bottle of French sparkling wine.
“I do not believe that it is possible to overlook the importance of those factors when assessing whether the manufacturer or distributor of the food exploits the reputation of the protected designation of origin ingredient,” he said.
Sánchez-Bordona explained that the presence of the elements on the packaging “helps to reinforce the evocation” of champagne.
“Through their use, in addition to the name ‘Champagner Sorbet’, the producer and the distributor want the consumer to think about the quality and prestige associated with champagne, which they are trying to extend to sorbet.”
He advised that the referring court, for the purpose of assessing whether the sorbet exploits the reputation of champagne, must assess whether there is a legitimate interest justifying the use in the commercial presentation of that designation of origin.
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