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Success at the Federal Court of Justice (BGH): On the designation of a vinegar preparation with low acidity and high fruit content as “vinegar” – referral back to the Higher Regional Court of Munich

At the request of our client, the BGH has overturned the decision of the Higher Regional Court of Munich in an action brought by us, in which the court of second instance had held that the designation of vinegar preparations with a low acid content and a high fruit juice or fruit pulp content as “vinegar” was permissible. The case was referred back to the Munich Higher Regional Court for a new hearing. The Court of Appeal had incorrectly determined the subject matter of the dispute and thus wrongly limited the examination of the (alleged) breach of law to only a small part of the legal aspects presented. In particular, the Court of Appeal refused to examine a general misleading effect and also an infringement of Section 1 (3) EssigV in conjunction with Article 78 and Annex VII Part II No. 17 (b) of Regulation (EU) No. 1308/2013.