The Austrian Constitutional Court (VfGH) initiates a legislative review procedure for the system of vineyard classification. According to the wine law, the terms "Erste Lage" and "Große Lage" may only be used if the National Wine Committee has classified the vineyard for the respective wine-growing region and the responsible federal minister issues a regulation. In a statement, the VfGH expressed several concerns: The National Wine Committee presents the decisions to the minister. The minister is not supposed to have any leeway to set conditions for regionally typical quality wines with origin profiles. This seems to indicate that the Wine Committee is taking on tasks of state administration. However, this violates the principle that state administration is conducted under the leadership of the highest authorities. It would also "violate the principles of the rule of law that the winegrowers have no opportunity to legally defend themselves against negative decisions or against the inaction of the National Wine Committee." The National Wine Committee is an industry association with its own legal personality. It consists of 27 members appointed by the Ministry of Agriculture for five years.

The trigger for the review is the application of the winemaker initiative gluecklichelage.at by Alois Höllerer. He criticizes the legally mandated possibility for the classification of vineyards established in June 2023. This would increase the value of classified vineyards while others would lose value. This violates the principle of the rule of law and constitutional principles of state administrative organization. According to an assessment by the magazine Vinaria, the VfGH is likely to instruct the federal government to "repair" the law on site classification after receiving a statement from them. The National Wine Committee could also be affected by this.

(al; Image: OEWM_WSNA)

More on the topic:

New Committee for German Site Classification Established

"No Bottles with Corks Hang on Vines" – Interview: Florian Weingart

"We Winemakers Need Legal Certainty in Uncertain Times" – Interview: Alois Höllerer