Antonio Munoz y Cia SA v Frumar Ltd [1999] FSR 872, Ch D (Laddie J)

26 March 1999

EC Regulations on grape varieties – Action by competitor against trader using wrong variety name – Variety proved by DNA evidence. Case about grape varieties. The Court held on the basis of DNA evidence that the defendants had used variety names for grapes different from the correct variety name required by EC Regulations on the common organisation of the market. Therefore the defendants had breached the Regulations, but the Court held that breach of the Regulations did not give rise to a right to sue in the civil courts on the part of competing grape producers or traders. The European Court of Justice reversed this finding of law on a preliminary reference made by the Court of Appeal.