German Wine Fund
The German Wine Fund (DWF) and the German Wine Institute (DWI) are self-help institutions of the German wine industry to promote the quality and sales of German wines through joint, competition-neutral marketing measures at home and abroad.
Both institutions were based in Mainz until 2016 ; On April 1, 2016, they moved into an office building in Bodenheim , which is directly south of Mainz. The address was specially changed to “Platz des Weines 2”, previously: “Am Kümmerling 35”.
Legal basis
The German Wine Fund (DWF) is an institution established under public law by federal law ( Wine Industry Act of 29 August 1961) . It is supported by the wine industry and is under the legal supervision of the Federal Ministry of Food and Agriculture (BMEL). The current version of the Wine Act forms the legal basis .
The German Wine Institute was founded as a private-sector initiative in the legal form of a GmbH in 1949 as "Deutsche Weinwerbung". Today the shareholders are the German Viticulture Association , the German Raiffeisen Association, the Federal Association of German Wineries and Wine Trade and the German Wine Fund.
Organs and goals
In the German Wine Fund, the highest body is the Board of Directors, which consists of 44 people:
- 18 representatives of the winemakers and their cooperatives
- 8 representatives of the regional promotion agencies
- 8 representatives of the other groups in the wine industry
- 10 representatives of the sales industry and consumers
In the German Wine Institute, the basic decisions are made by the shareholders' meeting. The day-to-day business in the German Wine Fund and the German Wine Institute are handled by the board of directors of the German Wine Fund and the managing director of the German Wine Institute in personal union.
Aims include promoting wine quality by supporting competitions and scientific research as well as promoting fair competition and protecting German wine names at home and abroad.
financing
The funds required to fulfill its tasks are raised by the DWF via a mandatory levy that is to be raised by the German wine industry - producers and marketers.
The amount of the fee is regulated in Section 43 of the Wine Act. According to this, every producer has to pay a fee of 0.67 euros per ares of vineyard area, provided that this is more than 10 ares. In addition, companies that bottle domestic wines, including semi-sparkling and sparkling wines, and sell them commercially to others or sell them abroad without being bottled, are obliged to pay an annual fee of 0.67 euros per hectolitre , taking into account an exemption of 80 euros .
The total annual revenue of the DWF averages 10 million euros, depending on the harvest volume. The planning and budgeting of the measures is carried out in a business plan to be approved by the BMEL. The German Wine Fund is also subject to review by the Federal Audit Office .
After the Federal Constitutional Court (BVerfG) declared the similar compulsory levy to the sales fund for the agriculture and food industry ("CMA") and to the sales fund for the forest and wood industry to be unconstitutional , some winegrowers also sued, citing the BVerfG decision against the wine advertising tax. However , they were unsuccessful in administrative courts because, according to the courts, the levy has its legal basis in the Wine Act. Appeal proceedings before the Federal Administrative Court (BVerwG) and constitutional actions before the BVerfG were also unsuccessful. After complaints from Rhineland-Palatinate winegrowers and cellars in 2011, the BVerwG decided in the final instance that the wine advertising tax levied by the German Wine Fund is constitutional.
Organization and collaboration
The German Wine Fund and the German Wine Institute are involved in the legally required coordination of joint advertising. The coordination of regional and cross-regional measures by Deutsche Weinwerbe GmbH creates synergy effects and discounts.
When carrying out its tasks, the DWF should, according to § 37 Abs. 2 WeinG serve the institutions of the economy. There are two institutions: the Deutsche Weininstitut GmbH (DWI) and the Deutsche Weinakademie GmbH (DWA). Both institutions were founded solely for the purpose of supporting the DWF in fulfilling its statutory tasks (Section 37 (1) WeinG).
The organizational integration of the DWI into the legal fulfillment of tasks of the DWF is expressed in particular by the fact that the board of the DWF is also the managing director of the DWI. The DWI's business plan is also subject to approval by the BMEL.
In addition, the DWF uses the DWA in the following sub-areas of its statutory tasks: Conducting scientific seminars and colloquia, awarding and coordinating scientific studies, creating, designing and disseminating educational pamphlets and other dissemination of scientific knowledge.
Here, too, the board of the DWF is also the managing director of the DWA. The DWA's business plan also requires approval by the BMEL.
marketing
The DWF uses the DWI to promote the quality and sales of domestic wine through joint, competition-neutral marketing measures at home and abroad. These include PR activities as well as information events and advertising campaigns, radio reports, brochures, publications, studies, the implementation of trade fairs and exhibitions and the participation or promotion of participation in them, as well as market observation and the implementation of training courses and advice.
Every wine year, the German Wine Institute compiles bilingual statistics on market development, wine production, vineyards by country and the national grape variety index.
The various measures in Germany include: consumer education through press work, operating an information portal for German wines, information material and advertising. Training and seminars for retail and catering, regular information services. Organization of events, participation in trade fairs and exhibitions. Production and distribution of information and advertising material for producers and intermediaries.
The international activities focus on preparing and supporting individual entrepreneurship. The following instruments are used: PR and press work, the information portal in English. Trade fairs, exhibitions and events. Information services and training. Sales promotion, advertising and information material.
DWI / DWF use a worldwide network of professional PR and marketing agencies or work with the bilateral chambers of commerce in the following export countries: Great Britain, Japan, USA, Netherlands, Sweden, Norway, Canada, Switzerland, Belgium and Denmark as well as in the future markets from Central and Eastern Europe, South America and Asia.
Web links
Individual evidence
- ↑ DWI leaves Mainz - German Wine Institute goes to Bodenheim , January 22nd, 2015 on swr.de. The new address is: Deutsches Weininstitut, Platz des Weines 2 (formerly Am Kümmerling 35), 55294 Bodenheim
- ↑ generation Riesling
- ↑ BVerfG (2 BvL 54/06): Levy to the sales fund of the agriculture and food industry is not compatible with the Basic Law. In: bundesverfassungsgericht.de. Retrieved January 6, 2015 .
- ↑ BVerfG (2 BvR 743/01): Levies to the forest sales fund or timber sales fund are not permitted. In: bundesverfassungsgericht.de. Retrieved January 6, 2015 .
- ^ VG Neustadt / Weinstrasse. (2 K 1222 / 09.NW and 2 K 16 / 10.NW): Wine advertising taxes are not unconstitutional. In: gratis-urteile.de. Retrieved September 17, 2010 .
- ^ VG Koblenz (5 K 639 / 09.KO): VG Koblenz declares wine fund levy to be constitutional. In: gratis-urteile.de. Retrieved September 17, 2010 .
- ↑ BVerwG on November 24, 2011.
- ↑ See also resolution of the Second Senate of the BVerfG of February 4, 1958.
- ^ German Wine Institute: Statistics 2008/2009 . Mainz 2008.