Trouble with Thuringian sausage

Butchers' association warns against incorrect designations in the counter

In the last few days, handicraft businesses have been checked on behalf of a renowned law firm to determine whether protected indications of origin within the meaning of the Council Regulation on the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs (2081/92 EEC) are being used. Affected companies were later asked to sign a cease-and-desist declaration within a week and to pay the attached cost note of around €800.

As already reported in dfv-intern 1/2004, the "Thuringian Liver Sausage", "Thuringian Red Sausage" and "Thuringian Rostbratwurst" are now protected throughout Europe. On December 17, they were entered in the "Register of Protected Designations of Origin and Protected Geographical Indications" as Protected Geographical Indications (PGI). The use of the designations in question, but also similar designations, eg "Thuringian Art", is only reserved for manufacturers from Thuringia who are members of the corresponding association of origin.

The DFV regrets this decision, as it turns the previous tried and tested practice on its head and runs counter to any sense of craftsmanship. The DFV has therefore taken action against the entry with all legal and political means. Ultimately, however, one had to recognize that the continuation of the contradiction had no chance of success.

In the past, the now protected designations could be used due to a special regulation between the DFV and the Thuringian country of origin, although protective rights have existed since 1990 due to the unification agreement. This favorable agreement is obsolete due to the uniform European protection.

This means:

1. "Thuringian liver sausage", "Thuringian red sausage", "Thuringian rust bratwurst", Nuremberg bratwurst" and "Nuremberg rust bratwurst" but also similar designations such as "Thuringian style" are not allowed in advertising, in shops, on price lists or price tags, nor in sales pitches be used.
2. Other product designations of the guidelines can be used for corresponding products, with the exception of the designation under point 1. Of course, the special seasoning, e.g. "with marjoram", the use of liver or the regional production, e.g. "Hessian blood sausage" can be pointed out.

The protected designations are still listed in the guidelines as generic designations. In our opinion, the guiding principles need to be changed on this point. Since the guidelines have no legal force, the reference has no effect.

In addition, we would like to point out that in addition to the Thuringian sausages, the

• Ammerland plank smoked ham/Ammerland cottage ham
• Ammerland ham/Ammerland ham on the bone
• Greußener salami
• Nuremberg Bratwurst/Nürnberger Rostbratwurst
• Black Forest ham

are protected. The above also applies here.

Source: Frankfurt [dfv]