282 WINE LAW The scope of the measures that can be taken to try and reduce consumption is vast, ranging between information, education, taxation, minimum pricing units, restrictions on sales hours and locations of sale and driving control. Accordingly, almost every European country regulates alcohol advertising and goes beyond the minimum common European ground, a framework which concerns television broadcasting and minors. Basically, television advertising must not “be aimed specifically at minors”, and they must not have “implications of social, sexual or sporting success”3 . For other media, the European council has expressed similar ideas. However, they are not binding as they are simple Recommendations4, and, therefore, the Member States of the European Union are left alone for the implementation of these recommendations, which leads to widespread discrepancies. In France, Law No. 91-32, of 10 January 1991, more commonly known as Loi Evin, is extremely restrictive on advertising in favour of alcoholic beverages5. According to this law, what is not expressly authorised is forbidden6, which is, of course, in total contradiction with the principle of freedom of speech and freedom of trade. It also opposes the principle that everything is allowed to the extent of what is forbidden7. Nevertheless, it is considered compliant with the Constitution8 and European law9 due to the public health interest concerned. Furthermore, this law – qualified by many as “hygienist” – does not make the slightest distinction between the types or degrees of alcoholic drinks10. Consequently, it does not take into account the fact that wine is a natural agricultural product either, treating both wine and spirits the same way. Unlike Spain, England, Canada or Argentina, France chose to undermine any enhancing presentation of wine drinking, without any distinction for responsible drinking or traditional art of living and cultural legacy. 3 Audiovisual Media Services Directive, Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 and Council Directive 89/552/EEC of 3 October 1989, concerning the pursuit of television broadcasting activities. 4 Council Recommendation of 5 June 2001 on the drinking of alcohol by young people, in particular children and adolescents (2001/458/EC). 5 Articles L.3323-1 through 6 and R.3323-1 through 4 of the Public Health Code. 6 J. M. Bahans & M. Menjucq, Droit de la vigne et du vin, Litec-Féret, 2010, pp. 417 et seq.; J. M. Bahans, “Les effets de la loi Evin”, Vin, Droit & Santé 2012, Les Editions Hospitalières, pp. 9 et seq. 7 Article 5 of the Declaration of Human Rights of 1789; Article 111-4 of the French Penal Code. 8 QPC no. 90-283 DC about tobacco. 9 ECJ, 13 July 2004, aff. C-429/02. 10 ECJ, 10 July 1980, aff. C-152/178 had censored the previous French law for making a distinction between alcoholic drinks.
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