Butcher wins dispute over sausage

The "Nuremberg Rostbratwurst" may only come from Nuremberg. However, the sausage can be produced elsewhere without the city's name – even if it resembles the original, ruled the Munich Higher Regional Court.

Butchers and meat processors can breathe a sigh of relief: A Bavarian company has... Rostbratwurst dispute with the Protection Association of Nuremberg Bratwursts eV also in the second instance  won. 

The case

The protection association had the Butcher's shop Franz Ostermeier is suing because they "Mini‑grilled sausages" sold. The association saw this as a violation against the EU-wide protection of the geographical indication according to Article 26 paragraph 1 letter b of the Quality RegulationsBecause "Nuremberg Rostbratwurst" has been protected by European origin status since 2003 to prevent imitators from advertising their products with a false origin. In Germany, this applies Section 127 Trademark Act This regulation is amended and prohibits the use misleading information about origin. Anyone who calls their sausages "Nuremberg" must produce them in Nuremberg and adhere to a precisely defined recipe. The protection association demanded that butcher Ostermeier stop selling his sausages.

The judgment

The master butcher won the trial before the Higher Regional Court (OLG) Munich, as before before the Regional Court (File No. 33 O 4023/23)). 

Ostermeier had, in fact, never claimed that his grilled sausages come from Nuremberg. Neither the word "Nuremberg" nor "Nürnberger" appears on his packaging. This was already the deciding factor in his favor during the first trial before the regional court: the decisive factor is not whether a sausage looks like a Nuremberg sausage, but whether it is one. bezeichnet will be. That would be a "misleading practice" within the meaning of the Article 26(1)(d) of the European Quality Regulation. However, since the butcher shop clearly stated its name and address on the packaging, the court saw no risk of deception.

No deception of customers

The fact that the butcher's product is based on the Nuremberg model is also relevant. similar According to the judges of the Higher Regional Court, this did not change anything. They considered the photo on the website with the classic presentation – sauerkraut, mustard, and bread – merely a general serving suggestion. There was no entitlement to omission from Section 135 Paragraph 1 No. 2 Trademark ActThe association has therefore taken legal action against butcher Ostermeier, which allows EU regulations to be enforced in German courts. higher than this.

The process has attracted nationwide attention, as similar sausages are produced in many places.

Higher Regional Court of Munich, Judgment of February 6, 2026, Case No. 6 U 2413/24

Source: lto.de

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