BGH judgment causes excitement: Sieber butcher's shop with a new process!

BGH judgment causes excitement: Sieber butcher's shop with a new process!

The Sieber Grand Metz Gesieber from Geretsried is the focus of a explosive legal dispute that has reached the Federal Court of Justice (BGH) in Karlsruhe. The dispute revolves around the public warning of the Free State of Bavaria with regard to possible listeria contamination in sausage and ham products, which led to the company's bankruptcy in 2016. At the urging of the Bavarian Ministry of Consumer Protection, all products had to be recalled after increased listeria values were found during controls. As a result of these measures, around 120 employees lost their job, and insolvency administrator Dr. Josef Hingerl sued for compensation of eleven million euros against the Free State.

new course of the procedure

The Munich Higher Regional Court originally agreed to the insolvency administrator, but argued that the warning and recall for packaged and pasteurized products were not justified, which was considered an official breach of duty. The BGH now partially concluded this decision by taking the view that the competent authorities were not obliged to determine whether there were products without health risk. The BGH therefore raised the OLG judgment, which means that the procedure now has to be negotiated, as Merkur.de reported.

The case is not only important for those affected, but also has far -reaching implications for the food industry. The Robert Koch Institute has recorded almost 80 illnesses since 2012, including eight deaths that were related to Sieber products. The insolvency administrator Hingerl emphasizes the importance of the procedure for the future handling of food safety and official warnings, which raises the question of how such measures can be better coordinated and communicated in the future. As sueddeutsche.de , the BGH will make a judgment in the coming weeks, which will both have the legal as well as the security funds for similar future Cases could clarify.