As of: March 12, 2024, 5:42 p.m
By: Angela Walser
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A legal dispute has arisen over the Nuremberg sausages because of the identifying feature of size and weight.
© IMAGO/imageBROKER/Helmut Meyer zur Capellen
A Nuremberg protection association and a Lower Bavarian butcher shop are in dispute before the Munich I regional court.
It's about the classic grilled sausage, seven to nine centimeters long and weighing 20 to 25 grams. For this format, the Franconians demand the sole identifying feature and demand different production and different packaging.
A little sausage is causing a lot of excitement right now.
It's about the Nuremberg Rostbratwurst and its distinguishing features: nine centimeters tall, weighing 20 to 25 grams.
This little matter is currently being disputed before the Munich I Regional Court.
Only sausages produced in Nuremberg are said to be this small.
The amount in dispute is half a million euros
The Nuremberg Bratwurst Protection Association has sued a large butcher shop in Geiselhöring, Lower Bavaria.
The amount in dispute is half a million euros.
The Franconians want to ban the Lower Bavarians from selling similarly small bratwursts because consumers might associate these sausages, called “mini grilled sausages,” with the Nuremberg originals and thoughtlessly choose the Lower Bavarian product.
In yesterday's hearing there was repeated talk of association and allusion.
Both allegedly also applied to the packaging of the small delicacies.
The Lower Bavarians had shown a dosage form showing a small tin bowl with sauerkraut.
This is exactly how Nuremberg grilled sausages are traditionally served.
That's not possible, complained the plaintiffs, but hastened to say: "It's about fundamental legal questions, there are no personal animosities." The judges spoke of an interesting case.
There is little comparable case law.
In any case, the plaintiff protection association has the burden of proof.
He would have preferred to skip several instances and appeal to the European Court of Justice.
But that was a step too fast for the regional court.
Survey among sausage consumers
The Nuremberg bratwurst producers referred to a consumer survey, according to which size and shape were shown to be essential elements of the protected local sausage.
And then they also brought into play the typical speckling that would result from the marjoram used.
This aspect was completely new to the lawyer of the defendant Lower Bavarian company.
She reacted with surprise.
That wasn't a feature of the specification, she protested politely.
And Rainer Heimler, chairman of the protection association, actually withdrew this argument.
The verdict will not be made until May at the earliest
Yesterday the court gave no indication as to whether it would follow the lawsuit or dismiss it.
There wasn't even a hint, no matter how small.
Only the conciliation process proposed at the beginning of the negotiations was quickly canceled because there was no response whatsoever.
A verdict could come in May at the earliest.
Perhaps the court will also commission an expert opinion.
If the Nuremberg team wins, it is to be expected that the association will sue other butchers who sell grilled sausages in the Nuremberg format.