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German dairy and monastery in dispute

Posted 31 May, 2013
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A German dairy specialising in organically produced milk and an ancient monastery situated in the same sleepy Bavarian village seem the most unlikely long-term litigants. But the two concerns – or anyway their lawyers – have been almost permanently before the civil court in Munich since 2009 when the dairy, Andechser Molkerei Scheitz (92 million kg milk annually) sued the Andechser Monastery ( 220 monks and lay staff, a brewery, dairy and retaurants). The problem was – and remains – the wording on a cream cheese label as a “natural product.” The Andechser dairy also advertises its products as “nature-near,” and quite rightly so, as Andechser is a pioneer of organic milk production and marketing in Germany. Nowadays, it’s the largest 100% biomilk concern in the country with an annual turnover of €120 m. The dairy wanted the monastery label changed just a little – to avoid confusion. The monastery retaliated by litigating for a complete redesign of the Andechser logo with its “nature-near” slogan and the date “since 1908.”

Creamery boss Barbara Scheitz points out that her great grandfather had indeed founded the family firm at that time. The lawyers for abbot Johannes Eckert and his Benedictine community of master brewers and cheesemakers respond that the date is misleading because the dairy only joined the local register of commercial concerns in 1980. The monastery side has also filed other complaints about the wording of various Andechser dairy advertisements. One of the real grounds of the holy row is believed to be that the dairy presents itself as a local concern, although some 25% of the capital belongs to the French cheesemaking giant Bongrain. Barbara Scheitz explains that Bongrain is a “sleeping partner” and that almost all milk comes from some 600 organic farmers in the neighbourhood.

So far, nothing has changed, especially not the respective labels. The judges see nothing really illegal on both sides: the monastery can keep its labels unchanged, and so can the local dairy. After all, reasoned the court, the two concerns together employ over 400 people in a rural location with just over 3,000 inhabitants. Surely the businesses can come to an agreement? Scheitz has dropped her company’s claims and wants a peaceful conclusion and no more litigation. She’s still waiting for an answer.

 

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Dairy Industries International