Landmark decision in the bread dispute

The Munich higher regional court has decided that the dry cakes are prepared food. In Bavaria bakeries may rolls on Sundays, it is actually only three hours, and pretzels to sell. The defendant chains operate, however, so-called Bäckereicafés, which are considered to be restaurants. There prepared meals may be "sold". The ruling could have an impact on the whole of Germany. the Michael Kläsgen Michael Kläsgen

focuses on the topic of Buying and shopping, so Commerce, online and offline. He was two years in the parents time, as a correspondent in Paris for the SZ and the time, as well as SZ-country correspondent in NRW. He studied in Konstanz, London and Tel Aviv and a doctorate in Berlin to the middle East conflict. In addition to the Dissertation, he graduated from the German school of journalism. Instead of the Bundeswehr, he cut roses in Israel. Michael Kläsgen received the German-French journalism prize, and has published in periodicals, and wrote books.

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There is some, but there are still areas in the life of the Germans, who are not regulated down to the last Detail legally. In the Case of the "sandwiches on Sunday", on this Thursday, the Munich higher regional court has decided is the way. This is remarkable, because millions of citizens to buy outside of Bavaria just on Sunday like bread rolls, Croissants or pretzels, because they will have the time and your family or guests something to indulge. Therefore, what was decided today, is also of importance to them. Because no matter where you live; Many do not even know that they are doing as something that is not likely to be so by law. The purchase of the Sunday bread could in fact be illegal. The first is, because the Federal court will decide in probably a year or two, a final decision on the case.

In many States may rolls on Sundays and holidays will be sold for five hours

so Far, the situation is so: In Bavaria, three hours after the store would be opening, closing the sale, as well as in Baden-Württemberg, Bremen and lower Saxony. In many other States rolls on Sundays and holidays will be sold for five hours, for example, in North Rhine-Westphalia and Hamburg. In Berlin, there are even nine hours. However, a lot of bakeries to get around these rules, you have turned into "Bäckereicafés". In such Bäckereicafés tables, you can sit down, have something to eat and drink, and also after the end of each Load combination, nor bread to buy. Here, the Federal controlled catering act, which provides for a much more generous opening Hours. The several branches of the chains Ihle and ratchet took advantage of Iller's. These large-scale bakeries have been sued by the centre for protection against unfair competition in Munich.

The competition is Central in the practice of the Bäckereicafés a violation of the law. After the expiry of the closing times and there are no cakes should be sold more, she argues. This means If a Bäckereicafé in lower Saxony opens at eight o'clock in the morning, likely the latest Hiking at eleven o'clock the last of the bread rolls on the counter. Accordingly, the plaintiffs have quoted the offending sales made in the style of a police report over the years meticulously.

"sold On a Sunday in February 2016, the defendant customer, rod, bread, Roman bread rolls, wholemeal bread rolls, and by 11.12 am and then also at 15.46 PM", - stated in the session information of the court of appeal. "On whit Monday in 2017, sold in a other branch of business at 10: 00 a Pretzel, rolls, and a loaf of bread, on a Sunday in March 2018 sold in a further branch, also bread, cakes and other baked goods and by 11.45 PM and 17.30 PM."

You could dismiss everything as a petty. Basically, it's a question that stirs up all the Baker's trade in Germany. A question to decide, whether small, of their owners-operated bakeries against a provider of industrially produced baked goods still have a Chance. And whether the kids can afford even on Sunday. Many of them will not do that for a long time, although Sunday is a particularly strong day. Certainly, on such a big social and economic questions is decided before the Oberlandesgericht, actually, never, but about very specific technical questions, which will provide great direction.

Andreas Otto stuffing, the managing Director and speaker of the competition headquarters, summarized the critical question: "Is the naked Bread is a prepared food or not?" Because it is only when the Bread is considered to be prepared food "for immediate consumption", it may be according to the catering act in Bäckereicafés sold. What but the rolls makes a "prepared food"? The Baking enough of frozen dough pieces from standardized production, such as the lawyer of Ihle, Thomas Hellhake, says? Or it needs to be at least the Slicing, butter beschmierens and laying on a cheese or sausage slice, of which Otto stuffing is convinced? If not the Garnierens with a slice of Cucumber or parsley-sheet?

it is Already clear that the opponents want to in front of the Munich court after today's verdict, a fundamental, for the whole of Germany applicable rules. You want to close the gap in the Law.

more Stringent selling some of the practical difficulties would result in rules

But no matter how the judges of the Federal court of justice's judgments in the end, it is already foreseeable that there will be inconsistencies. Because if you decide that cakes are not cooked food, it could result in blank rolls would have to be removed after the expiry of the respective state applicable to the closing times from the field of view of the customer. The staff would have to banish then from the Display at the counter in the rear rooms. You can imagine, such as the Bayern or Bremen stand at the counter and the seller negotiate whether or not he still somewhere rolls or buns could be hidden in the Store.

Suppose, however, the judges give the Bread the predicate "cooked", what does that mean for the other baked goods? At least the Pretzel wouldn't have to fear in Bavaria. It is served today in restaurants and should thus go in the meaning of the licensing act as "prepared". The bread, however, it is more difficult. The guest would have to hosts at the end of all the loaves of bread on the menu to write, to do the law, knowing that probably no one will order a loaf of bread?

another variant would be, of course, that the Federal government pretends to be the countries a framework for shop opening hours on Sundays and public holidays, and so for a Federal-wide alignment. Would apply everywhere, the Berlin-based Nine-hour-level, could be the Problem if the timeout is easy to avoid. But in the case of the opposing parties before the court are unanimous: the Federal government will allow the fingers. You would have to create with the trade unions and the churches, because the employment of legally protected days is controversial. The Sunday opening will remain, therefore, once the countries are dwell thing. You would be asked to keep the Sunday sales legal.