Legally it is now clarified for the first time that baked goods are prepared food. And otherwise is for the time being, that bakeries in the future, also on Sundays and holidays for longer than three hours, bread rolls, pretzels, but also cakes and breads are not allowed to sell. The on Thursday published decision of the higher regional court (OLG) Munich, Germany (Az: 6 U 2188/18), with the help of the so-called bread dispute ends, for the time being. The judges were not on the inside and judges to violate that longer opening Hours of bakeries, – noted in this case, only for Bayern against the provisions of the closing act (LadSchlG).
But the dispute about how long bakeries open on Sundays may have, are not interested only in Bavaria – he relates to the whole of Germany, except perhaps Berlin, where bakeries already for nine hours on Sundays and holidays.
But Basically, the shop opening hours are regulated in the conclusion of law. The concrete embodiment is, however, subject to the länder. The Problem for bakers is located at, depending on the state, different regulations for the sale of certain Goods. And baked goods are concerned. So it is that in Bavaria, Baden-Württemberg, Bremen and lower Saxony bakeries on Sundays and holidays only three hours long. In North Rhine-Westphalia or Hamburg, however, five and in Berlin nine.
to work Around the sometimes restrictive regulations, take advantage of the numerous bakeries, therefore, a legal Trick: they put chairs and tables in your Store, offer still other food and refer to themselves as Bistrocafé or Bäckereicafé – the closing act in connection with the respective regulations, but the catering act, which provides, in General, longer opening Hours no longer applies to you. For restaurants, namely, here is prepared food (cooked or otherwise on-the-spot prepared food, delivered not only a and is otherwise not further processed is finished goods) sold. And because many restaurants have, of course, particularly on Sundays and public holidays, guests are allowed to stay on these days are also longer opened. Also, according to the catering act for immediate eating imaginary foods are allowed to be sold over the vesting periods, to Take away.
Revision of the Federal court of justice
Actually it could, therefore, be so easy. Bakeries mutate tigers to small cafes and the restrictive opening Hours for the toothless Paper. Were it not for the Central office for combating unfair competition. Completely clear: Not every bakery has to have a load size that allows the set – Up of Seating-and, above all, larger bakery chains compared to smaller competitors, an advantage. So it wasn’t long until resentment stimulated and the centre for protection against unfair competition, sued the greater Munich bakery chain. The competition headquarters had been saved in the test purchases on Sundays and holidays the evidence and found that the branches of the chain were left open for more than three hours. With the action of the so-called bread was kindled the dispute went so far through two instances.
The judges of the higher regional court of Munich saw it now as proved, that irrespective of the proportion of the Seating surfaces to the total area load accesses the exception of the catering act for the opening Hours. For your reasoning, the judge dealt with the question of what is a prepared food and whether or not to understand, for example, a dry pretzel as such. The least surprising result of the judicial Review: Yes. Because baked goods were “ready-to-eat food whose raw materials had been changed by the baking process a pleasure”. Thus, this question would be clarified. Unfortunately, not yet: Because of the importance for bakeries in the whole of the Federal Republic of Germany, the Munich higher regional court has expressly approved the Revision to the Federal court of justice. Until there is a decision to these questions can be like.
With Material from dpa
