Swiss Wine Trade Control Foundation: Legalization of Wine Trade Control Confirmed by Federal Administrative Court – 2018 Revision Upheld

2024-01-26 21:38:36

The Federal Administrative Court confirms the legality of Swiss control of the wine trade in its revised form in 2018. It rejects the appeals filed by 66 independent wine growers, established mainly in French-speaking Switzerland.

The revision of the Wine Ordinance removed the possibility for operators to opt for cantonal control equivalent to that of the Swiss Wine Trade Control Foundation.

The appellants refused to submit to this official measure which they consider too burdensome in terms of information to be communicated and fees. Summoned by the foundation to keep cellar accounts in accordance with the ordinance, these winegrowers appealed to the Federal Office of Agriculture which rejected their request.

Legal framework not exceeded

In a judgment published Friday, the Administrative Court confirmed the office’s decision. He believes that the wine ordinance does not go beyond the scope of the law. Its provisions make it possible to achieve the objectives sought, namely the protection of names and designations.

For the judges of Saint Gall, the ordinance is not contrary to the Federal Constitution and the economic freedom of wine growers. The judgment of the Federal Administrative Court is not final and can be appealed before the Federal Court. (judgment B-4173/2022 of January 11, 2024)

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