If a bakery also operates a Café, should you sell the whole Sunday on blank rolls. The decision of the higher regional court (OLG) in Munich on Thursday. The court dismissed an action brought by the center for combating unfair competition against a bakery chain with branches in Munich, in the second instance (Az: 6 U 2188/18). The judgment of Federal signal, it is expected that the case will land in Federal court (BGH) in Karlsruhe. Because of the fundamental and nationwide importance, the court allowed the Revision.
The competition headquarters had tried the bakery goods, the sale of bakery for more than three hours on Sundays and ban holidays and omission complained of. The charge: Illegal bake sale in a number of cases. Test the buyer, the competition hired, had bought, among other things, on a Sunday in February, 2016 11: 12 am rod bread, Roman bread, and whole-grain bread and to 15.46 at once.
Curious Bavarian laws
Why the (naked) Sunday bread may be illegal
This is a Problem, because after the closing act of the Federal government bakeries are allowed to open on Sundays and public holidays, a maximum of three hours of rolls and pretzels to sell. And in Bavaria, because the own country law-free state. Bakeries operate but with the addition of a cafe, they fall under the hospitality law, and prepared food are not allowed to sell “” for immediate consumption longer.
The naked Bread on Sunday is not illegal to
ruled with the ruling of Thursday, that a bread is a prepared food – even when no disc is cheese. Because in the back were it was “ready-to-eat food whose raw materials had been changed by the baking process a pleasure”.
according to “the life experience that the guests of a cafe with an attached bakery, there were also blank rolls and/or bread and other bakery items can be ordered, for example, in the context of a Breakfast”, – was stated in the court’s opinion. It could be assumed that the rolls for the “immediate consumption” is not to be determined, as long as it takes to handle large amounts.
Thus, the court followed the reasoning of the bakery chain and their lawyer Elke fürn Rieder. You self – lactose and fructose intolerant – order quite a naked Pretzel, if you go with colleagues to eat. “It can’t require the applicant Yes, I have to eat a cake”, she had said at the hearing in December. “That should be left to the consumer what he wants to consume as food.”
The ruling could have nationwide impact
With the ruling, the court of appeal upheld the decision of the land court of Munich II (Az: 12 O 4218/17), but that the dispute may not yet beige. The court of appeal allowed the appeal to the BGH. Because the interpretation of the relevant provision in the pub act, so the question of whether a bun is a prepared food that had not yet been decided the superior court. And this question could also arise in other cases everywhere in Germany.
The competition headquarters had originally been part of the goal is to leave the matter in Karlsruhe fundamentally and Once and for all clarify. “We will look at the reasons for the Ruling and then decide whether we go to the Supreme court,” said spokesman Andreas Otto stuffing after the announcement of the OLG judgment. Could start to, in its view, the Definition of “larger quantity”. In the case of the test purchases, the layers of the suit is based, were bought from his point of view, indeed “larger quantities”. In one case, there were eight rolls, a pretzel, and a small loaf of bread.
Britta Schultejans / DPA