Wine Law

11 that it is lawful to evoke the craft world at the origin of the product and the care taken to its production. The judges also took into account the fact that the ad does not contain an evocative atmosphere that could encourage consumption by referring to conviviality or by exalting the qualities of the product or a feeling of happiness. Some interesting elements can be learned from another judiciary battle that ended up in favour of the advertiser for this campaign, which “The Bordeaux, some personalities [or characters] to be discovered”. Although the High Court had decided that there were some references in this add that were not allowed by the Loi Evin, namely regarding conviviality that could encourage the wine consumption 41 , the Court of Versailles refused to follow the High Court. It considered that the ad was a representation of vignerons that had to be allowed by the law for being a reference to the human factors, which is a component of the terroir and also a central notion of geographical indication. This case is a perfect example of the technical function of the notion of “terroir” in the appreciation of the lawfulness of the content 42 . Finally, holding a glass was not considered a sufficient reference to conviviality because the people in the picture do not look like they are particularly enjoying themselves or having fun. It was also taken into account the fact that holding a glass of wine is only a way to consume the product, which is admitted by law. The High Court ended up by following its reasoning 43 . This decision was a big step forward because it means that campaigns could start depicting people holding glasses of wine without it being an encouragement to drink. 3. The State of Case Law Having a close look at the case law’s tendency helps to define possible guidelines to advertisement in this blur judiciary landscape. While we can glimpse some easement in the definition of advertising and sponsorship, the control over the media and contents allowed seems as strict as ever. 41 Cass. civ. 1 re , 23 February 2012, no. 10-17.887. 42 R. Raffray, “Terroir et publicité pour le vin”, Vin, Droit et Santé , 2017, Les Etudes Hospitalières, pp. 61 et seq . 43 CA Versailles, 3 April 2014 and Cass. civ. 1 re , 1 July 2015, no. 14-17.368.