The Munich higher regional court rejects a lawsuit against a bakery chain, the cakes on Sunday for longer than the allowed three hours sold. Now, the case could land in Federal court.
A dry Bread is a prepared food. The decision of the higher regional court (OLG) in Munich on Thursday. The court dismissed an action brought by the center for combating unfair competition against a bakery chain in the second instance (Az: 6 U 2188/18). She had tried to prohibit the bakery selling baked goods for more than three hours on Sundays and holidays.
bakeries are allowed to sell on Sunday a maximum of three hours long bread
According to the closing act of the Federal government – this applies in Bavaria, because the own country law-free state – allowed bakeries to sell on Sunday a maximum of three hours of rolls and pretzels. They also operate a cafe, they fall under the hospitality law, and are not allowed to sell “prepared meals”.
From the point of view of the higher regional court to apply to blank rolls, pretzels, and dry bread. Because in the back were it was “ready-to-eat food whose raw materials had been changed by the baking process a pleasure”. Because of the fundamental and nationwide importance of the question of the Revision was admitted to the Federal court of justice (BGH) in Karlsruhe, Germany.