CONTINUATION

On 1st January 1973, England joined the common market. In March 1973, the French Producers amended their pleading as follows:

“Following the Adherence of the United Kingdom to the European Economic Community the use of the world ‘Champagne’ in connection with any beverage other than champagne will contravene European community law”.

The French producers relied upon the following E.E.C. regulations:

1.“Member states may subject the use of a geographical mark for describing a table wine to the condition in particular, that the wine is obtained wholly from certain wine producing areas expressly designated and that it comes exclusively from the territory marked out in an exact manner, whose name it bears.”

2.“Wine means the product obtained exclusively from whole or partial alcoholic fermentation of fresh grapes, whether or not crushed, or of grape must”.

3.“The community reference W.P.S.R. (quality wine produced in a specific region) or a traditional specific reference used in member states to describe certain wines, may only be used for wines complying with the provisions of this Regulation and with those adopted in this regulation……………..”

The French producers claimed that, under these relations the name champagne is their own special property. It must not be applied to any wine, which is not produced in the Champagne district of France. So much the English producers conceded. But the French went further. They said that the name champagne must not be applied to any beverage other than their champagne. The English producers contested this because, in their opinion, the Regulation applied only to wines – the product of grapes – and not to cider or Perry – the product of apples or pears. The French also applied for a reference of the issue to the court of justice of the nine Nations of the European Communities at Luxemburg. In the opinion of the presiding judge, it was not necessary to refer the question to the European court; for community law is for the purpose of English law, a statute binding and obligatory on member states to enforce, so that if the statues prohibits French producers for other beverages, that will be the law, though prima facie the remedies for beverages, that will be the normal national remedies.

This case got widely publicity and the French producers were thus successful in promoting their product bad educating the wine- drinking public. The connoisseur became aware theta the best wine drinking public. The connoisseur became aware that the best wine comes from the Champagne district and he checked the label carefully before making a purchase. The outcome of the case was, therefore, secondary – the French had succeeded in their purpose. India is not a champagne drinking country and yet the details of this dispute reached its shores; even to a far flung region like Darjeeling.

Champagne’s judicial battle has been described, in detail, because the producers of Darjeeling tea wish to take a similar recourse. They would like to fight all those who do not sell pure Darjeeling tea in their packets or market teas from other areas as Darjeeling tea. The fact is that, today, ‘Darjeeling’ in certain parts of the world has become a brand name for tea – it does not symbolize the area of growth. It is used generically. Otherwise, how else could four times the actual production from Darjeeling be sold as Darjeeling tea in the world markets? Before going in for legal action, the pros and cons of the case will have to be carefully examined.

There is no doubt that the publicity derived from any legal action will create consumer awareness. The tea drinkers all over the world will know the origin of the ‘champagne’ of tea. In the long term, the segment, which enjoys teas with flavour, may turn to the real Darjeeling tea. The total demand for teas from the Darjeeling district may thus increase. With greater demand ad competition, the prices for Darjeeling teas, whose cost of production is the highest in the world, may stabilize at profitable levels. This would ensure growth and prosperity of Darjeeling tea. Economic sickness will disappear forever from the region and the world will savour the finest of all teas.

To be continued.

ACKNOWLEDGEMENT – VIJAY DUDEJA

(FIRST EDITION)

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