Olivier Cousin before the Tribunal (part 3)

Eric Morain (Olivier Cousin's lawyer) and Olivier Cousin 

awaiting the start of the hearing

This is the third and last post on the proceedings before the Tribunal in Angers yesterday. See Part 1 here and Part 2 here.

It was interesting to see that cameras and TV equipment are allowed into French courts before proceedings start. This is very different from in England where you are not allowed to take cameras into the court building let alone the court. In the photo above you can see a sound boom in the top left corner. No photos can be taken once the judges arrive.

Christophe Valissant, the Procureur (State Prosecutor): 

Following on from Alain Fouquet, the lawyer representing the INAO and the Fédération Viticole de Anjou-Saumur, the Procurer, Christophe Valissant. He spoke about the production criteria set out for the ACs and that those for vin de table were less strict. Valissant said that Cousin had tricked the public by using the name of Anjou without signing up to the appellation criteria. The name Anjou was protected and reserved for appellation wines whether or not it included the words – d'origine contrôlée. Cousin had abused the AC and had profited by exporting his wines using the reputation of Anjou without being bound by the appellation's criteria. 

Valissant demanded that Cousin be fined 5000€ for the various labelling offences. In addition he should pay between 10 and 20 centimes on each mislabelled bottle – totalling around 3000 bottles. Furthermore the future judgment should be published in two newspapers plus a specialist wine magazine – he suggested La Revue du Vin de France.

Eric Morain:

The last person to address the court was Eric Morain, Cousin's Parisian lawyer. The pointed out that Olivier Cousin had changed his labels since 2011 without the pressure of a court case. The Cousin family had been making wine in Martigné-Briand (Anjou) before the Fédération Viticole was founded in 1918. Cousin was following a tradition rather than setting up a business as the procurer had suggested. 

The Anjou has been confiscated – stolen by appellation contrôlée. When buying wine the consumer looks for the assurance of 'd'origine controlée' and not Anjou. Cousin had not tricked the consumer.

Since 2005 there had been 38 changes to wine labelling laws – they change constantly. 

Morain turned to the claimed prestige of 'Anjou'. He revealed that Cousin's best year in terms of turnover – 250,000€ – was in 2012 when there was no mention of Anjou on the label.

Being biodynamic meant that Cousin took lots of risks.

To cap the bottle produced by Fouquet to show the cork with Anjou Olivier Cousin printed on it, Morain produced a magnum and demonstrated how difficult it was to pull off the capsule, so that you could see the cork. In any case there were no rules about what you put on corks. 

Morain revealed to laughter that Olivier called his wife his Petite Anjou. It was also untrue that Cousin had refused to talk to the Fédération. 

The president of the judges then announced that judgment would be given on Wednesday 4th June.    

     

 

     

 

Olivier Cousin: before the Angers court today – decision 4th June (part 1)

 Olivier Cousin sitting in court awaiting the start of the hearing

Last minute preparations for Eric Morain, Olivier Cousin's lawyer

Olivier Cousin spent more than two and a half hours this afternoon in front of the Angers Tribunal Correctionnel. The prosecutor asked for a fine of 5000€ plus between 0.10 - 0.20 centimes per bottle labelled Anjou Olivier Cousin. The judgment will be handed down on Wednesday 4th June. 

Trying to follow a court case in a foreign language is I suspect never easy. Unfortunately it was made even more difficult this afternoon because no-one used a microphone because those in court didn't work properly and the president of the judges was very sofly spoken, especially in the initial stages.

Proceedings started by the judge asking Olivier Cousin a number of questions – initially factual – his age, how many hecatres did he have, his turnover, number of employees, etc. 75% of sales came from export, especially to the USA and Japan. Then on to why he had used the name Anjou. Cousin explained that he had left the appellation system in 2005 because these wines were increasingly 'industrial'. He said he was frequently controlled both by the Repression des Fraudes but also for his biodynamic viticulture. He doesn't chaptalise nor add sulphur and is keen to use sustainable methods of viticulture. 

Cousin spoke of two different viticultures – one making industrial wine, while on the other had you have the vigneron artisan – paysan making wine that was 'saine' (healthy) with no additives. He said that it was possible to find AC Anjou wines in supermarkets at less than two euros making them cheaper than bottled water. 

He was asked what he thought the most imporant things were for peope to know about a wine – the grape variety, where it came from and the vintage was Cousin's response. He also spoke of Anjou as a region – an historic region. In response to a question Cousin said that he had not trademarked the term 'Pur Breton'.  

   

(To be continued in part 2)

Olivier Cousin with Eric Morain 

Olivier Cousin leaving the court buidlng:

Ready to go down the court steps

heading down the steps from the court building

Olivier Cousin saluting his supporters

The court appearance of Emmanuel Giboulot will now be followed by that of Olivier Cousin

Emmanuel Giboulot@Renaissance tasting, Angers 2nd February 2014

Emmanuel Giboulot has now appeared before the court in Dijon where the prosecution has asked for a fine of 1000€ with 500€ suspended. If granted there will presumably be conditions attached to the suspended 500€. The judge will be giving her verdict on Monday 7th April at 13.30. 

Would the prosecution have asked for a more severe penalty if there had been such a show of support for Giboulot through the petition organised by the Institut pour la Protection de la Santé Naturelle with 481,746 signatures by 11.52 CET today? Not forgotting the thousand or so people who turned up in front of the court in support.

 Photo of the crowd on twitter posted by  Samuel Peltier ‏@SamuelPeltier today
 

The next vinous court appearance will be next week on Wednesay March 5th when Olivier Cousin will be up before the court at Angers on the 'Anjou Pur Breton' labelling charge. Cousin appeared in court on 2nd October 2013 but the trial was put back until a week on Wednesday. Will the prosecution be asking for a similar fine to that demanded in the case of Emmanuel Giboulot or will it be more substantial. I assume that similarly judgment won't actually be given that day but some weeks later.

Once again there will be a picnic in front of the Angers court house in the Place Leclerc from Noon.  

 

 Olivier Cousin with one of his horses@Angers 2nd October 201

 A couple of scenes from last October's picnic 

•••

Not 40,000 signatures but nearly 500,000!

There has been some comment about the inaccuracy of some wine blogs. However, it cannot be said that the traditional media where entirely accurate in their reporting of the petition in support of Emmanuel Giboulot. Both the Guardian and The Drinks Business got it well wrong:

The Guardian 

'More than 41,000 supporters of Giboulot have signed a petition calling for the charges against him to be dropped, and dozens are expected to attend a picnic outside the court in Dijon on Monday.'

The Drinks Business 24th February, 2014 

'His cause has elicited much support and an internet petition launched by l’Institut pour la Protection de la Santé Naturelle (IPSN), has already gained over 40,000 signatures.'

The petition here  actually attracted 481,746 signatures by around noon today (CET time)

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)

Olivier Cousin: three days before Oliver's picnic and court judgment

Will Olivier Cousin be shipped off to a Penal Colony?!

The offending label

There are now just three days before Olivier Cousin's picnic in the centre of Angers – Place Leclerc. Olivier has invited his supporters to a picnic at midday on Wednesday 2nd October before the French judiciary hands down a judgment against M.Cousin for having put Anjou Pur Breton on a vin de table label. See details of the invitation on Facebook here. You supply the food and Olivier will arrive with a barrel drawn by his horses.

Olivier has waited two years for this judgment for fraud, which carries a maximum sentence of two years in prison and a fine of 40,000€. His use of Anjou on a vin de table is a minor misdemeanor, which should have been settled long ago with a small fine. Instead it has been blown up out of all proportion. More details here. See also Jancis Robinson's view of the case.  

Today we are off to the Pays Nantais to see how the Muscadet harvest is coming along before heading to Angers for the picnic. Hope to see you there!    

2nd October: Olivier Cousin's judgment picnic

 Olivier Cousin

 The offending label

The current label without Anjou

Judgment will be handed down on Olivier Cousin at the Tribunal d'Angers in Angers on Wednesday October 2nd. To mark the occasion Olivier is inviting people to picnic in the square in La Place du Palais du Justice, Place Leclerc, Angers. Olivier will be arriving with his horses and a barrel of red wine.  The picnic will start at noon and the judgment at 14.00.

Olivier Cousin faces a maximum of two years in prison and a substantial fine (up to 40,000€) for using the label at the top of this post. As it was a vin de table it was against the rules to put Anjou on the label. Although technically this is an offence Cousin wasn't really misleading anyone. The vines are in Anjou and the wine is made from Breton (Cabernet Franc). At most the offence merited a slap over the wrist and perhaps a small fine – certainly not a long running court case stretching over two years! French justice is in danger of making itself look an ass here, especially when you consider that no action has been taken by the French authorities against 1855.com, Emeric Sauty de Chalon and Fabien Hyon despite numerous court judgments against them for failing to buy and supply wines their customers in France and elsewhere ordered and paid for.

The details are on Olivier Cousin's Facebook page. If you are in the area on 2nd October it would be great if you can make it. If this is impossible please give Olivier a message of support on his Facebook page. See also a post by Sylvie Augereau  

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: an update on 'Anjou Pur Breton'

'Anjou Pur Breton' – the offending label

Above is the offending label that could land Olivier Cousin in court in Angers facing a maximum fine of 37,500 and two years in jail. Given that the mention of place and grape variety is not allowed on a vin de table a mild rap over the knuckles might be an appropriate response but certainly nothing more.

I understand that, as of this morning, there have been 500 signatories to the petition in support of Olivier on Sylvie Augereau's Glougueule site. Following a phone call to Olivier yesterday I have updated my Sunday post here giving more background on this affair. My weekly post on Les 5 du Vin also covers this along with the possibly successful attempt in Brussels by the French wine authorities to have thrown out the proposal to limit the use of chaptalisation to wines reaching a potential of 15.5%. This proposal would have ensured that European sweet wines were naturally sweet rather than their sweetness coming from added sugar.