The background to a legal dispute before the Munich Higher Regional Court was the launch of an ice cream labeled “Champagne Sorbet” by the German supermarket chain Aldi. Although the list of ingredients included champagne, the sorbet tasted mainly of pear, sugar and citric acid. The committee of French champagne producers did not agree with this: It took legal action against the use of the protected designation of origin “Champagne”.

ECJ: Champagne must evoke an essential characteristic

The European Court of Justice then ruled in a landmark judgment that a protected designation of origin may only be used as part of a product name if the ingredient gives the food in question an essential characteristic. This in turn depends on “whether the product has a taste which is mainly due to the presence of an ingredient in its composition.”

The Munich Higher Regional Court implemented these requirements in its ruling of July 1, 2021 (A.Z.: 29 U 1698/14). Although it was no longer possible to taste the ice cream, it came to the conclusion that the sorbet did not have a taste that was predominantly caused by champagne as an essential characteristic. In this respect, a larger proportion of the noble French grapes would have been necessary.

OLG Munich also sees misleading of the consumer

According to the decision, Aldi is thus exploiting the reputation of the protected designation of origin “Champagne” in an inadmissible manner. The judges see this as misleading the consumer. The designation of the ice cream as “Champagne Sorbet” is therefore in breach of European law. Aldi has thus lost a dispute that has occupied four courts over the past nine years. The Regional Court and Higher Regional Court of Munich, the Federal Court of Justice and the European Court of Justice.