“Port Charlotte” atto secondo: la Corte corregge il Tribunale dell’Unione europea sul carattere della OCM Vino, ma genera nuovi dubbi interpretativi sulla competenza degli Stati membri in materia

[Machine translation] The note takes up some passages of the decision of the EU Court of Justice of 14 September 2017 relating to the “Port Charlotte” brand to highlight how in the wine sector the alleged exhaustive nature of the Single CMO, obtained by the court by analogy from the observations made in the BUD II case on regulation 510/06/EC, actually clashes with the persistence of numerous elements in current legislation that grant Member States margins of regulatory autonomy in overlapping, or, at least, in partial competition with the PDO — IGP system established with the reform of the CMO wine of 2008. The risk deriving from the position expressed by the Court in this judgment is that as part of the revision of regulation 607/2009/EC (implementing the wine CMO), the Commission intends to proceed with a further simplification of the institutions that directly or indirectly are connected with the mechanisms for the recognition and protection of place names in the European Union, thus further penalizing countries such as Italy which, due to the extreme variety of their territory and the historical stratification of their productive traditions, need greater space and autonomy in communicating the characteristics of their products.