The Munich Higher Regional Court has relieved the anxieties of butchers and sausage producers across Germany: the Association for the Protection of Nuremberg Sausages has lost its second-instance legal battle against a meat shop from Lower Bavaria over the term Rostbratwurst (fried sausage). The court’s Sixth Senate dismissed the appeal filed by the Nuremberg association against the initial verdict, as confirmed by a court spokesperson following the hearing.
Was the Lower Bavarian Butcher Sailing Under a False Flag?
The plaintiffs from Nuremberg filed a lawsuit against Franz Ostermeier’s meat shop in Geiselhöring, Lower Bavaria, because his product range included “mini fried sausages.” The association viewed this as a violation of the EU’s protected geographical indication (PGI) for Nuremberg Fried Sausages.
However, Ostermeier never claimed that his “mini fried sausages” originated from Nuremberg. The words “Nuremberg” or “Nuremberger” were absent from Ostermeier’s packaging. This became the decisive factor in the first trial in 2024. The plaintiffs were also dissatisfied with the fact that the Lower Bavarian product physically resembled the sausages from Franconia. Nevertheless, the Nuremberg association lost the case in both instances.
The Name “Nuremberg Fried Sausage” Has Been Protected Since 2003
The proceedings were of interest to sausage producers throughout Germany, as fried sausages similar to the Nuremberg style exist far beyond Lower Bavaria. Following the first verdict, Ostermeier explained that the outcome of the trial affected more than 7,000 other sausage producers and butchers.
The geographical indication of origin Nuremberg Fried Sausages has been protected since 2003. The protection of well-known regional products is intended to prevent imitators from other regions of Germany or the rest of the world from advertising their goods with a false indication of origin.
Source: dpa
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