Appellations of Origin M. BRUNHES

At the request of the Union, Mr. Brunhes, lawyer, returns to the question of appellations. Since Burgundy has not been demarcated, the tax continues to be collected on this regional appellation. A bill was tabled in favor of which the union, last year, expressed a wish: it establishes a graceful, simple and rapid procedure, which only transforms into contentious procedure in questionable cases, cases which are a minimal . exception for the “Burgundy” appellation. Unfortunately, we can hardly hope that this project will be voted on now by the Chambers, which currently have to satisfy concerns whose seriousness no one can ignore. We must therefore turn to legal solutions.

Mr. Brunhes explains the reasons why he no longer believes it appropriate to resort to the procedure before the Prefecture Council with a view to contesting the legality of this tax which is proportional, whereas the law of 1919 had not specified that it would thus be perceived, or the application of this tax to the Burgundy appellation, in cases where the right to this appellation does not appear to be contestable.

There remains the procedure before the civil court with a view to having the right to the appellation recognized, and thus to avoid the tax for the future. The difficulty comes first of all from the fact that a court can only be seized when there is, at least in appearance, a trial, whereas we can hardly imagine a dispute over the Burgundy appellation applied to the communes of our region; it then comes from the fact that a court does not proceed by overall operation, as a decree could do; res judicata does not apply beyond the municipality, so each municipality must be represented in the debates.

To overcome these difficulties, Mr. Brunhes advises taking advantage of the trials which are about to begin; It is no secret to anyone regarding the use of various commune names, which certain owners intend to extend outside the municipal territory in the case of more extensive appellations, such as Côte de Nuits. In these trials they raise real disputes, the parties will only have to insert conclusions regarding the Burgundy appellation by virtue of which the court will expressly recognize their right, and from now on they will be exempt from taxes, without having to imagine a special process for this purpose and to bear the costs.

This is how the owners of various villages neighboring Mercurey proceeded, during the trial which brought before the court of Chalon-sur-Saône, the right to this appellation.

All the speakers were warmly applauded by the audience, and Mr. Savot wanted to thank each of them for their kind assistance.

At half past twelve, after the drawing of the traditional raffle, the session was adjourned, and our brave winegrowers went to the Ernest et du Marais restaurant, where the union lunch was to take place.