European Court of Justice Decides in Favor of Bavaria
LIESHOUT, The Netherlands, December 22, 2010 /PRNewswire/ -- In the lengthy trademark conflict between Bavaria and the Bavarian Brauerbund the European Court of Justice (ECJ) in Luxembourg today decided that the in 1995 in Germany registered trademark of Bavaria has priority over the geographical indication (PGI) "Bayerisches Bier" registered in Europe in 2001.
The ECJ ruled that according to European legislation the date of entry into force of the registration (2001) of the PGI "Bayerisches Bier" is decisive and not the date of application (1994).
This decision concerns the entire European Union and results into a significant improvement in the trademark position of Bavaria in the European Union.
This decision also gives the Supreme Court of Germany an answer to the question on how European law should be applied. This implies that Bavaria can still sell her beer in Germany.
Bavaria is obviously delighted with the ruling of the Court which put an end to years of legal struggle.
As an independent family business, Bavaria brewery takes up a unique position in the international beer market. The company is managed by the seventh generation of the Swinkels family. Apart from beer, Bavaria also produces soft drinks. In addition, they work closely with De Koningshoeven beer brewery (La Trappe), the only Trappist beer brewery in the Netherlands. Bavaria is the only major beer brewer in the Netherlands to brew beer from pure natural mineral water from its own spring. As Bavaria also produces its own malt, the entire chain is under its own management. The malt houses in Lieshout and Eemshaven are owned by Holland Malt BV, a joint venture between Bavaria and Agrifirm, a farmers' cooperative. This typifies the philosophy of the family business: beer of a constant high quality. Bavaria employs a total of about 1000 people in the Netherlands and abroad. Bavaria is available in 130 countries. Out of the six and a half million hectolitres of beer produced by Bavaria on an annual basis, almost 70% is destined for the foreign market.
SOURCE Bavaria N.V.