Question juridique clé
Whether the new-formula Martini Rosso and Martini Bianco fall under the Alcohol Act and art. 23bis Lalc despite art. 2 al. 2 and 3 Lalc.
Solution extraite
Yes. Art. 23bis Lalc governs these products as vermouths or similar fresh grape wines prepared with plants or aromatics, and it is not limited by art. 2 al. 2 Lalc.
Motifs extraits
The Court relied on the wording, legislative history, systematics, and purpose of the 1995 revision. Art. 23bis imposes all products in the relevant category, with only some categories requiring a minimum alcohol threshold. The reduction for products under 22% applies to vermouths and similar wines regardless of being below 15%.