WINE SALE 343 focus on two specific profiles: first, on the nature of wine as a consumer good, and second, on the type of contracts most commonly used today – international sale and distribution, which are certainly also used for e-commerce. 2. WINE AS A CONSUMER GOOD In order to identify the appropriate rules applicable within the wine sector, it is important to define what type of good is that of wine. Accordingly, wine is certainly classifiable among consumer goods. In this respect, reference should be made to Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 on certain aspects of the sale of consumer goods and associated guarantees9. Article 1(2)(b) of this Directive defines consumer goods as “any tangible movable property”, excluding goods sold by force or otherwise by judicial authorities, water and gas, when not packaged for sale in a specified volume or quantity, and electricity. Member States have transposed this definition in various ways, with some having followed the Directive, while others, without making use of the permitted derogation, have applied the relevant rules to all movable property. Additionally, in Austria and Portugal, the relevant legislation also applies to real estate sales to consumers, while Greece and Slovenia have not documented transposition of the definition. 3. THE RELEVANCE OF THE CONTRACT Upstream of a wine sale, there is an agreement between seller and buyer – a contract, which, even if it is concluded only verbally, it is, in fact, existing and gives rise to rights and obligations. The drafting of a contract in written form can be perceived as yet another complication in the enormous amount of documents and fulfilments for those working in the international wine trade. However, its drafting is often mandatory10 in order to obtain the certificate of conformity of products; sometimes it is required at customs, and, even where it is not mandatory, its presence facilitates the completion of the due documentation11. Moreover, even if the material produced under the contract is not mandatory for import 9 Available in https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=celex%3A31999L0044. 10 As is the case in the Russian Federation. 11 In Ukraine, for example.
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