Justice prevents Extremadura from expanding fertile kava hectares

In the judicial documents submitted by this newspaper, the judges of the Fourth Division of the Contested-Administrative Division of the Madrid TSJ decided to give priority to the criteria set out in the decision of March 26, 2021, published by them. Ministry of Agriculture, General Directorate of Agricultural Products and Markets in line with those recommended by the denominational Regulatory Council.

In the decision dated 2021, which the Board objected, new plantings as well as restrictions on conversion of replanting permits and replanting rights for Protected representation of ‘Javanese’ origin. An opinion that it “mortgages the growth of Extremadura cava production,” as proclaimed by the Extremadura Farmers and Farmers Association at the time, so the union asked the Board to challenge the decision in court.

Extremadura cava producers closed 2022 with record sales and nearly 2,200 million invoices

About three months later, the Junta de Extremadura filed an appeal with the Madrid High Court of Justice, which was dismissed in 2023. They said they did so because the judiciary has stood by them so far, and because in this latest decision of TSJM, “the decision imposing a limitation on cultivation continues to be valid, contrary to what was previously accepted, departing from their previous statements.” new vineyards”.

“Significant risk of loss of value”

Despite the decision to limit new crops, producers within the Javanese Sect of Origin in 2022 new sales recordReached 249 million bottles (4.5% more than in 2021) and turnover. 2,192 million euros (15% more than the previous year).

In this decision of the Ministry, it is stated that the new lands allocated to the plantation are “maximum 0.1 hectares for 2020, 2021 and 2022In this way, the document states, “Applications for vineyard replanting permits or requests for conversion of replanting rights will not be accepted to understand what it means, which allocates their production to the production of wines with the protected name of origin ‘Java’. can mean significant risk of devaluation from the same”.

As explained in the rationale of the sentence, the feature that distinguishes the Javanese Sect of Origin from the others is its “regional distribution”. As it covers more than 159 municipalities “corresponding to the seven autonomous communities”.

As the arguments of the junta’s defense remind, although Extremadura is the third most important region within the sect, it is also the only autonomous community to oppose Neither the Junta de Andalucía, the Generalitat of Catalonia, nor the governments of La Rioja and the Balearic Islands objected to what the Javanese Order of Origin recommended. Meanwhile, the Coordinator of Farmers and Farmers Organizations (COAG) did not.

cross reporting

However, before the Fourth Division of the Disputed-Administrative Chamber of the Madrid Supreme Court, the Board “repeatedly presented reports justifying restrictions on the powers to replant and transform planting rights”. do not conclude that there is a well-proven risk of a significant devaluation PDO Cava and contains errors“.

Reports opposing crop expansion speak of “risk of oversupply”

Justifying the decision taken in 2021 by the Ministry of Agriculture on his behalf, the State Prosecutor stated that “the recommendation is to be submitted by the sectarian Regulatory Council in a comprehensive report by various professors and professors from the University of La Rioja, and that the University of Rovira i Virgili, based on both oversupply risk of wine products in relation to market expectations such as the risk of significant devaluation“He also blames Extremadura during the process for his request containing data from 2017.

This diversity of ideas in the definition of origin, far from being new, proves the two positions that exist in it, and for the moment it seems to prevail that the path to growth involves improving quality. Amount.

“Magnificent Growth”

In the report of the University of La Rioja and de la Rovira y Virgili, this significant devaluation risk situation has been, for example, in the years preceding their report. increase in planted hectares failed to achieve a steady growth in sales volume in the same period.

According to data made public by Designation of Origin in March of this year, 2022 has been a “very positive” year for java, surpassing even the growth forecasts provided by the organization. Just a few months ago, the sect’s head, Javier Pagés, assured that it was the year that definitively confirmed the “recovery” of the industry after ” ” last year.spectacular growthAlready registered in 2021 and producing a year even better than the years just before the pandemic.

new resource

Junta de Extremadura, which was in contact with this newspaper, announced that they had filed an appeal against this judicial decision before the Supreme Court, and that the Junta de Extremadura “argued that the prior agreement was not agreed”, among the grounds for appealing against the decisions. recommendation between the relevant representative parties of the relevant geographical area”.

The Board found that many of the difficulties they were already called in the previous procedures and, in the singular, they were estimated by the TSJ of Madrid, “referring to those mentioned by Junta de Extremadura”.

However, now the Madrid High Court is departing from its own statements contained in the sentences “2020 and 2022, without even mentioning the last one in its description”.

On this line, it is important to remember that “in 2020, the same chamber approved the contentious-administrative appeal filed by the Extremadura Board against the same Decision, limitations/restrictions 2018 of 27 December 2017, by obtaining as required the prior agreement of all relevant representative parties in the geographical area in question. , retract the proceedings during the trial”.

The same decision was rendered by this court prior to the contentious-administrative appeal filed by the Junta de Extremadura which annulled the Decision of 13 December 2019. the recommendation is inappropriate due to the absence of a prior Agreement between the relevant representative parties of the geographical area (limitations/restrictions 2020-2023), still remember from Extremaduran Executive.

“Likewise, this last sentence of 2023 confirms that the opposition of the Almendralejo sector has not been recorded. and further the Court understands that prior agreement is not necessary for the subdivision of Almendralejo, As a relevant representative part of the geographic region of the PDO CAVA”, adds the Executive from Extremadura, it is precisely “the point where the Madrid High Court of Justice diverges from and continues with its previous statements”.validity of the decision placing restrictions on the planting of new vineyards belonging to this denomination of origin”.

“Also, and on the first of the above-mentioned issues, it should be noted that there were numerous meetings held by the Junta de Extremadura with industry representatives, where they always expressed their disagreement with them unanimously,” said the Junta. . , This He argues that “in recent years, the Javanese industry has clearly and decisively pursued its interests”.

“And, although we are unable to advance the position of the new regional Executive, we believe they will continue the work they have done so far in the interests of the Junta de Extremadura. and defense of the industry in our Autonomous Community” concludes the Board’s statement.