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Image header Agence Europe
Europe Daily Bulletin No. 7839
Contents Publication in full By article 26 / 40
GENERAL NEWS / (eu) eu/court of justice

The labelling of the geographical origin of a brand must not potentially mislead consumers

Luxembourg, 09/11/2000 (Agence Europe) - In the case of "Schutzverband gegen Unwesen in der Wirtschaft" v "Warsteiner Brauerei Haus Cramer", the Court has ruled that a Member State - in this case Germany - may apply its legislation banning a manufacturer from suing a label of geographical origin if this has the potential to mislead consumers. The EU judges were answering the proceedings brought by the Bundesgerichtshof which will use this ruling to settle a dispute between an association lobbying against unfair competition by the brewer of "Warsteiner" beer in the city of Warstein, which used the brand name despite the fact that the brewing of the beer was later relocated to Paderborn, 40 km from Warstein. Consumers argue that the "Warsteiner" label cannot be used for beer brewed in Paderborn. The brewing company argued that consumers see "Warsteiner" as a brand name and do not assume it is actually brewed in Warstein, a town which most consumers have never heard of.

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