Dispute over popular chocolate
Aldi Süd can sell Dubai chocolate from Turkey
Dubai chocolate was on the shelf at the Discounter Aldi Süd, but it came from Turkey. After a defeat in court, Aldi stopped the sale. But now the discounter gets right.
In the dispute over a ban on sales for his Dubai chocolate, the discounter Aldi Süd has achieved success in court. According to a new decision, the Cologne Regional Court no longer assumes that the consumer would be misleaded by the name Dubai chocolate – even if the product was not produced in Dubai. The 4th Chamber of Commerce had thus lifted a previous decision by another chamber, said a court spokeswoman. The judgment is not yet final.
Aldi Süd welcomes the decision. The consumer has long since known that the term dubai chocolate for a product with the typical pistachio cadayif filling-does not necessarily for a designation of origin, said a company spokeswoman. It has not yet been decided whether the chocolate, which the discounter had taken out of sale as a precaution as a precaution, is coming back to the shelves.
Coyswear importer had moved to court
Aldi Süd offered the “Alyan Dubai Handmade Chocolate” in his branches from December. In contrast, a confectionery importer had legally proceeded. Because the chocolate was produced in Turkey, as indicated on the back. In January, another Chamber of the Cologne Regional Court had decided that this reference was not sufficient and misleading the consumer. Aldi Süd, on the other hand, had lodged an objection.
The legal dispute as to whether the term dubai chocolate pretends to the consumer that the chocolate in Dubai has been produced has been working in Germany for weeks – with sometimes completely opposite decisions.
Richter: Dubai chocolate means a recipe
The judge of the Cologne Chamber of Commerce now argued that the consumer has now realized that the consumer was clear that this was a recipe, not a product manufactured in Dubai. The packaging of the chocolate at Aldi Süd was also not designed to mislead the consumer.
The importer had also been legally taken against the discounter Lidl. However, the regional court in Frankfurt, which was responsible for this case, had rejected the application for injunctive relief from the outset.
dpa
Source: Stern
