<p>Article 51 of Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005 and (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999, Article 118s of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ 2007 L 299, p. 1), as amended by Council Regulation (EC) No 491/2009 of 25 May 2009, and Article 107 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 must be interpreted as meaning that Article 43(2) of Regulation No 479/2008, Article 118k of Regulation No 1234/2007, as amended by Regulation No 491/2009, and Article 101(2) of Regulation No 1308/2013 are not applicable to a conflict between a wine name protected under Article 54 of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine and earlier well-known marks registered for wines and containing words identical to that name; such a conflict must be resolved solely on the basis of the second subparagraph of Section F(2) of Annex VII to Regulation No 1493/1999.</p>

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“Duca di Salaparuta”

摘要

Article 51 of Council Regulation (EC) No 479/2008 of 29 April 2008 on the common organisation of the market in wine, amending Regulations (EC) No 1493/1999, (EC) No 1782/2003, (EC) No 1290/2005 and (EC) No 3/2008 and repealing Regulations (EEC) No 2392/86 and (EC) No 1493/1999, Article 118s of Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ 2007 L 299, p. 1), as amended by Council Regulation (EC) No 491/2009 of 25 May 2009, and Article 107 of Regulation (EU) No 1308/2013 of the European Parliament and of the Council of 17 December 2013 establishing a common organisation of the markets in agricultural products and repealing Council Regulations (EEC) No 922/72, (EEC) No 234/79, (EC) No 1037/2001 and (EC) No 1234/2007 must be interpreted as meaning that Article 43(2) of Regulation No 479/2008, Article 118k of Regulation No 1234/2007, as amended by Regulation No 491/2009, and Article 101(2) of Regulation No 1308/2013 are not applicable to a conflict between a wine name protected under Article 54 of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine and earlier well-known marks registered for wines and containing words identical to that name; such a conflict must be resolved solely on the basis of the second subparagraph of Section F(2) of Annex VII to Regulation No 1493/1999.