Request for a preliminary ruling from the Krajský soud v Brně (Czech Republic) lodged on 18 February 2020 – Vinařství U Kapličky s.r.o. v Státní zemědělská a potravinářská inspekce

(Case C-86/20)

Language of the case: Czech

Referring court

Krajský soud v Brně

Parties to the main proceedings

Applicant: Vinařství U Kapličky s.r.o..

Defendant: Státní zemědělská a potravinářská inspekce

Questions referred

Does a V I 1 document issued under Commission Regulation (EC) No 555/2008 ¹ of 27 June 2008 laying down detailed rules for implementing Council Regulation (EC) No 479/2008 on the common organisation of the market in wine as regards support programmes, trade with third countries, production potential and on controls in the wine sector, and containing a certificate issued by an authorised body from a third country certifying that the product has been produced in accordance with oenological practices recommended and published by the OIV or approved by the Community constitute a mere administrative condition for the entry of wine into the territory of the European Union?

Does EU law preclude a national rule which allows a dealer of wine imported from Moldova to avoid liability for the administrative offence of marketing wine which has undergone oenological practices not allowed in the European Union, unless the national authorities refute the dealer's assumption that the wine was produced in accordance with oenological practices approved by the European Union, which the dealer made from the V I 1 document issued by the Moldovan authorities under Commission Regulation (EC) No 555/2008?

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¹ OJ 2008 L 170, p. 1.