Olivier Cousin before the Tribunal (part 2)

Eric Morain (Olivier Cousin's lawyer) and Olivier 

conferring before the start of the hearing

(Part 1 of Olivier Cousin before the court is here.)

Alain Guillot

With Olivier Cousin's testimony finished Alain Guillot, an organic producer from Burgundy, took the stand as a character witness for Cousin and to speak on his behalf. He said it was always sad to see a producer like Olivier Cousin up before the court. Guillot appreciated Olivier's wine that was natural and had total traceability. The real trafficking in wine involved large volumes.

Guillot raised the paradox of foodstuffs now carrying detailed nutritional information as a result of the mad cow disease crisis, while vin de France was allowed to carry minimal information. There was a need and demand for full traceability. Guillot said that the appellation system had stolen 'the terroir' by appropriating place names. 

Alain Fouquet, avocat representing the INAO and La Fédération Viticole de l'Anjou et de Saumur

It was Alain Fouquet who had requested on 2nd October 2013 that the trial be postponed. He started by showing a the results of a poll of visitors to Anjou: 67% gave wine and vineyards as their primary motive for visiting Anjou.

Fouquet explaining that the Fédération was founded in 1918 and the importance of producers working together. He spoke about the criteria of excellence and the right of the consumer to know from where a wine comes. Cousin was a little fraudster but it was not the intention of the Fédération or the INAO to crush him. Cousin had used Anjou on his labels without respecting the cahiers des charges (production criteria) and profiting from Anjou's reputation without paying his subscription to the Fédération.

He said that the Fédération had tried to use a proces verbal to settle this dispute but had had no response from M. Cousin, so had been obliged to come to the Tribunal.

Fouquet made considerable play on Cousin's exports to the USA and 'China'. The mention of China brought guffaws from many of Olivier's supporters sitting and standing in the public area at the back of the court as Cousin doesn't export to China but Japan. Fouquet appeared to be denigrating Chinese wine consumers by suggesting they knew nothing about wine. 

He produced a bottle of Cousin's Pur Breton, quickly removing the capsule to show that the corks said Anjou Olivier Cousin – another example of Cousin continuing to try to fool the consumer and to break the rules.

Fouquet also mention Noma, voted the best restaurant in the world which lists Olivier's wines. He brought up the recent case of food poisoning there. Again Fouquet got his geography wrong by saying that it was in the USA. Eric Morain, Olivier's lawyer corrected him, to loud laughter from the back of the court, informing Fouquet that Noma is in Denmark. For a lawyer defending the importance of 'd'origine', geography did not appear on yesterday's evidence to be Fouguet's strongest suit.

Part 3 to follow – prosecution and Eric Morain's response.

     

Olivier Cousin: excellent radio programme on France Inter

Olivier Cousin with his horses in front of the 

Tribunal d'Angers October 2013

Here is a podcast of the excellent radio programme (Interception) broadcast this weekend by France Inter that explores some of the issues surrounding the controversy Olivier Cousin. 

Since the controversy concerns a wine label, one of the areas the programme explores is why aren't wine labels obliged to list the ingredients used, when the composition of foodstuffs has to be detailed on the packets. Why should dog biscuits and energy bars be required to list ingredients when wine is exempted? The ingredients for non-alcoholic fruit juices are listed, so why not wine?

Shouldn't consumers have the right to know if sugar, acidity etc. has been added to their wine? When the ingredients' question is put to Patrice Laurendeau, president of the Fédération viticole de l'Anjou, his response that the appellation Anjou subsumes the need to list ingredients is notably unsatisfactory.  

 

   

Olivier Cousin: more photos from Wednesday's picnic and later procession through Angers

 @the picnic – some Baco grapes to try

 After the hearing – slow progress down the Boulevard Foch

 Olivier Cousin leading the way as they head back 

down the other side of the Boulevard

 Bertrand Celce - author of the very fine blog: 

Wine tasting, vineyards, in France

 Eric Morain, Olivier's Parisian avocat

 Some of the supporters including Gérard Marula

 Joël Ménard (Domaine des Sablonettes, Rablay-sur-Layon)

Jean-Pierre Robinot (Ange Vin)

 Matthew

 Michel Auge (Les Maisons Brulée, Touraine)

 Philippe Rapiteau (La Pipette aux quatre vins)

Richard Leroy (Vin de France – white Anjou from pure Chenin) 

apparently in fine voice 

Didier Barrouillet (Le Clos Roche Blanche, Touraine)

The musicians (above and below)

 

Olivier and Claire Cousin's daughter 

serving Pur Breton to the supporters

Some of the picnickers

The Cousin procession through the centre of Angers 

(above and below)

Cousin-Florent: compare and contrast

Olivier Cousin: Pur Breton  (vin de France)

Paysan angevin: Vin d'ici

This is lovely juicy, deep coloured, softly black fruited pure Cabernet Franc from Olivier Cousin. Although it isn't complex, this is certainly a wine to share with friends. This bottle was supplied by Les Caves de Pyrène. 

Olivier Cousin@The Real Wine Fair 2013

Olivier will be at the RAW wine fair  on Sunday 19th and Monday 20th May. He is one of the producers to bring their wine over from France by sailing boat (Mil'Pat), which is due to arrive on Thursday afternoon at St Katherine's Dock.

Cousin-Florent

On October 2nd 2013 Olivier Cousin will be before a court in Angers facing trial in a case brought by the French fraud authorities for having put Anjou Pur Breton on a vin de table label. Undoubtedly a heinous crime and one that if it goes unpunished has the potential to entirely undermine the French appellation system!

It is instructive to compare the zeal with which Olivier Cousin has been pursued by the French authorities, who doubtless find Cousin 'a pain in the arse' and their failure to mount any investigation into the miraculous 79 hectolitres of 2012 'Quarts de Chaume' made by Florent Baumard (Domaine des Baumard). Presumably it is all down to connections! See Florent's frozen miracle here. 

Domaine des Baumard, Quarts de Chaume 2012: grapes on Baumard's vignes larges 

planted on the terraces overlooking the Layon (above and below)

Photos taken on afternoon of 9th October. Baumard's first picking 15th/16th October, 

final tri 25th October

Florent Baumard took objection to my frozen miracle post and replied with What can i say. In his response Florent likened the decision of when to pick to that of a talented chef: 

'The photos posted on his blog purporting to show unripe grapes cannot be conclusive evidence of the average maturity of the parcels in question. The factors that go into the decision to harvest and selectively pick – at least in our vineyards – does not rest solely on theoretical calculations but also more delicate tools: look, taste, local knowledge, observion, and instinct.

This decision is not an easy one to make, and is comparable to when a talented chef instinctively knows to take something out of the oven or start cooking the next part of the meal.'

Declarations of 2012 Quarts de ChaumeDomaine des Baumard: 79 hls from under 5ha (Florent Baumard has declined to answer questions on the precise area declared)  

Château de Varière: 10hls from 1.25ha-1.30ha (picked on 8th November)
Pierre Aguilas: none declared
Patrick Baudouin: none declared
Château Bellerive: none declared (not possible due to weather conditions)
Domaine de la Bergerie: none declared
Domaine FL: none declared 
Vignobles Laffourcade: none declared
Château de la Mulonnière (Guy Saget): none declared 
Domaine du Petit Metris (Joseph Renou et fils): none declared 
Château Pierre-Bise:none declared
Pithon-Paillé: none declared 
Château de Plaisance (Guy Rochais): none declared
Château de Suronde: none declared

What can I say?

 

  

Olivier Cousin, 1855 and the DGCCRF: compare and contrast

Olivier Cousin@The Natural Wine Fair, London May 2011

It is instructive to see how differently the DGCCRF (Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes) are treating Olivier Cousin, a biodynamic vigneron in Anjou, and 1855, an internet retailer notorious for its succcessive failure over many years to deliver to its clients their Bordeaux en primeurs.

Olivier Cousin

Olivier Cousin (Domaine Cousin-Leduc) is a biodynamic producer in Martigné-Briand. He has a total of 10 hectares. Olivier looks after seven hectares himself and rents out the other three to young vignerons who make their vines at Olivier's chai. Olivier has Gamay, Chardonnay, Cabernet Franc, Grolleau and Chenin Blanc. His grapes are picked by hand and fermented using the natural yeasts. He makes around 30,000 bottles a year with a significant proportion exported, especially in the United States, where his importer is Jenny & Francois Selections.

Since 2005 he has chosen to sell all his wines as vin de table. Olivier explained: "I did have problems with the agrément as the wines weren't 'standard' but none of my wines were refused but this was not why I stopped using the AOC. I stopped because the AOC was for industrial wines as the appellation rules permit everything: weedkillers, huge yields, additives etc. 

'But I still consider that I make wine from Anjou and that I do a lot to promote the wines of Anjou but under the vin de table rules I'm not allowed to put the grape variety, where the grapes were grown nor the vintage. I cultivate the vines of my grandfather in exactly the same way as I did before (when my wines were AOC) and make them in exactly the same way. I don't buy in any grapes from elsewhere – all come from my vineyards."   

As Olivier also explained in an email to Alice Feiring:

'Maintenant, je fais du vin de table en ANJOU, region viticole toujours tres réputé et envié nous redoutons toujours la contre façon.

J'aurais aimé continuer a faire des AOC comme mon grand pére, mais la barre est haute maintenant,mais je n'ai pas les moyen financier ni intellectuel ,il faut produire au moins 50 hl par hectare il faut battre le raisin avec des machines, sulfiter levurer chaptaliser bacteriser sulfiter ensymer filtrer,trop d'investissement et de technique.'

*

'C'est vrai le vin de table n'a pas de terroir: ici je cultive les vignes de ma grand mère,qui lui vienne de son père, qui les a eu de son père ,et de son père ,et de son père,des vignes qui on toujours été sur les coteaux du layon a Martigné Briand; Je les cultive sans nuire aux hommes ni a la terre,et je ne supporte pas que mon vin soit réduit a" vin de table français issus de raisins de l'agriculture biodynamique, vin naturel sans manipulation , produit par o cousin a F49540" et en plus il doit nuire aux femmes enceintes!'

So Olivier decided to use 'Anjou Olivier Cousin' (AOC) on his cases of wine. This was put on a retailer's list of the internet and led to complaints from the local syndicat. Olivier said that what was on the net was nothing to do with him. However, this led to a visit by the DGCCRF in March 2011.

They didn't object to the box but did find fault with his label on his Cabernet Franc – 'Anjou Pur Breton' (Breton is the local name for Cabernet Franc). This brought the full force of the DGCCRF on him and he faces a potential case against him for fraud and bringing the appellation system into disrepute. It is now down the Procurer in Angers to decide whether to proceed with this case – hence the petition below. Apparently he could a fine of up to a maximum of 37,500€ along with a maximum prison sentence of two years.

At the end of September in a separate legal action, which has lasted 15 years, Olivier lost his case against paying the subscription to the Interprofession (now InterLoire) who promote Loire wines from Nantes to Touraine. Some 20 years ago Cousin refused to continue to pay the subscription as he was not in agreement with the policies of the Interprofession. I understand that the bailiffs have now frozen his bank account. 

1855

In contrast 1855's well known failure over many years now to deliver its clients' Bordeaux en primeurs on time, and sometimes not at all, has provoked many frustrated clients to contact Christian Brocheton at the DGCCRF. In turn Brocheton has contacted 1855 to complain – sometimes it would appear to good effect and sometimes without success.

Last Friday Denis Saverot, editorial director of La Revue du Vin de France, wrote on the RVF's forum:

'En 2007 (lire La RVF n° 510) puis en 2008 (n° 522 et 525), nous avons décortiqué le système de vente à découvert mis en place par 1855 et pointé les difficultés financières de la société.

Comme l’a démontré notre collaborateur Jérôme Baudouin, l’argent des nouveaux clients de 1855.com sert en réalité à acheter les vins commandés en primeurs dans les millésimes précédents…'.

Fabien Hyon, managing director of the 1855 group, claims that 1855 does not practice 'la vente à découvert' (buying after the wines have been released) and that they have allocations secured.

However, as described by Jérôme Baudouin, 1855 would appear to be a classic ponzi scheme. Yet the DGCCRF has made no serious move against 1855. I suppose it is possible that they have given M. Brocheton a larger office, so to accommodate the filing of all of the complaints received from exasperated 1855 customers.

**

How can putting 'Anjou Pur Breton' on a wine label be judged a serious offence worth a potentially substantial fine and a prison sentence when taking money (including the TVA) from your clients and failing to deliver over many years leads only to the occasional rap over the knuckles? Although I may not wholly agree with Olivier on all matter that is not the issue here. It is appalling that he is being pursued through the courts in this heavy-handed manner.

Please sign the petition to be sent to the Procureur in support of Olivier Cousin on Sylvie Augereau's Glougueule site here. There are now over 500 signatories.


Signatories include: Olivier Grosjean, Paul Fouassier (Sancerre), François Despierriers (BourgogneLive), Patrick Corbineau (Chinon), Iris Rutz-Rudel, Florence Andrieu (Festival Culinaire), Michel Smith (Les 5 du Vin), David Lillie (USA importer), Denyse Louis (Louis Dressner), Julien Bresteau (La Grange aux Belles, Anjou), Rémi Fournier (Chez Rémi, Angers), Myriam and Bernard Plageoles (Gaillac), Michel and Béatrice Auge (Les Maisons Brulées, Touraine), Alice and Olivier Moor (Chablis), Gérard and Catherine Bossé (Restaurant une île, Angers), Eric Texier (Brézème), Arnold Waldstein (USA based blogger), Marc Roisin (Vinogusto), Doug Cook (Able Grape), Doug Wregg, Eric Narioo, Philippe Lubac (all three – Les Caves de Pyrène Cousin's UK importers), Jancis Robinson MW, Jamie Goode (wine anorak), Simon Woods (Drinking outside the box), Fiona Beckett (wine correspondent for the Guardian), Nicolas de Rouyn (Bonvivant), Ricardo Perez Palacios (Bierzo, Spain), Catherine Roussel and Didier Barouillet (Clos Roche Blanche, Touraine), Patrick Baudouin (Coteaux du Layon), Pithon-Paillé (Anjou), Christina Pickard (wine presenter, USA), René Mosse (Anjou), Robert McIntosh (wine conversation and Vrazon), Steve Delong (guides USA), Francis Boulard (Champagne), Charles Metcalfe (wine writer and presenter), Agnès Mosse (Anjou), Gilbert Winfield (UK), Nigel Blundell (UK importer), Natasha Hughes (writer), Wink Lorch (wine travel guides), Richard Leroy (Anjou) and Rosemary George MW.  

See also post (Anjou et contre tous!) on Le Vin de Mes Amis here and on Jamie Goode's wine anorak blog here. Further articles also here (Alsace maniac), Oenos here, Fiona Beckett here and Jancis Robinson MW here.



jenny & françois selections, Oliver's US importers, also have the petition here.