Wine Law

258 WINE LAW III.1.2. S PANISH LEGISLATION In Spain, the applicable legislation is Royal Legislative Decree 1/2007, of 16 November, which approves the revised text of the General Law for the Defence of Consumers and Users and other complementary laws 25 (TRLDCU in Spanish). It is worth mentioning that TRLDCU fully applies to the customer of an establishment that consumes alcoholic beverages, because it meets the definition of article 3(1): “(…) consumers or users are natural persons who act with a purpose outside their trade, business, craft or profession”. Indeed, alcohol consumption occurs on a private or personal basis, never within a commercial, business or professional relationship. On this premise, the consumer of alcoholic beverages is inexcusably assisted by the rights listed in article 8(1) TRLDCU: “a) Protection against risks that may affect their health or safety. b) Protection of their legitimate economic and social interests; in particular against unfair commercial practices and the inclusion of abusive clauses in contracts. c) Compensation for damages and redress for harm suffered. d) Correct information about the different goods or services and education and dissemination to facilitate knowledge about their proper use, consumption or enjoyment. e) Hearing in consultation, participation in the procedure for drafting general provisions that directly affect them and the representation of their interests, through legally constituted associations, groups, federations or confederations of consumers and users. f) Protection of their rights through effective procedures, especially in relation to vulnerable consumers.”; these, according to article 10, are inalienable. Aware of the health risks of the goods that are the object of consumption, the legislator has foreseen the general duty that the goods must meet a general duty to be safe (art. 11). Under normal or reasonably foreseeable conditions of use, including their duration, the goods or services must not present any risk to anyone’s health or safety; or only the minimum risks compatible with their use and considered admissible within a high level of protection of health and safety of people. Consequently, the entrepreneurs will inform the consumer and user in advance, by appropriate means, of the foreseeable risks that may arise from the use of the goods and services, taking into account their nature, characteristics, duration and the people to whom they are intended, following the provisions of article 18 and applicable regulations (art. 12). Even chemical 25 This article will focus on the defence of the consumer of alcoholic beverages, leaving aside any activity of unfair competition, which would be governed by Law 29/2009, of 30 December, which modifies the legal regime of unfair competition and advertising to improve the protection of consumers and users.