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When a product is "Made in Germany"

In a recent ruling, the Federal Court of Justice has made it clear when a product may be called “Made in Germany”. In the past it was repeatedly demanded that the relatively strict criteria under Art. 24 of the Customs Code (CC) in particular should be applied. This would have meant that in a large number of cases there was no origin within Germany and the product should therefore not have been given the coveted label “Made in Germany”.

Criteria for Made in Germany

However, the Federal Court of Justice has now emphasised that the decisive factor is the so-called traffic view and judges itself by when a product can be labelled as “Made in Germany”. In this respect, the Federal Court of Justice assumes that different standards apply to the origin of goods in legal transactions than in the Customs Code.

Thus, the Federal Court of Justice has now set a fixed guideline when a product may be labelled as “Made in Germany”. Enterprises, which call such products so, should argue with the current judgement of the BGH, since in case of a wrong titling warnings can threaten, which cause high costs.

Attorney Dr. Tristan Wegner

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