European Court of Justice Decides in Favor of Bavaria

By Bavaria N.v., PRNE
Tuesday, December 21, 2010

LIESHOUT, The Netherlands, December 22, 2010 - In the lengthy trademark conflict between Bavaria and the Bavarian
Brauerbund the European Court of Justice (ECJ) in Luxembourg today decided
that the in 1995 in Germany registered trademark of Bavaria has priority over
the geographical indication (PGI) "Bayerisches Bier" registered in Europe in

The ECJ ruled that according to European legislation the date of entry
into force of the registration (2001) of the PGI "Bayerisches Bier" is
decisive and not the date of application (1994).

This decision concerns the entire European Union and results into a
significant improvement in the trademark position of Bavaria in the European

This decision also gives the Supreme Court of Germany an answer to the
question on how European law should be applied. This implies that Bavaria can
still sell her beer in Germany.

Bavaria is obviously delighted with the ruling of the Court which put an
end to years of legal struggle.

About Bavaria

As an independent family business, Bavaria brewery takes up a unique
position in the international beer market. The company is managed by the
seventh generation of the Swinkels family. Apart from beer, Bavaria also
produces soft drinks. In addition, they work closely with De Koningshoeven
beer brewery (La Trappe), the only Trappist beer brewery in the Netherlands.
Bavaria is the only major beer brewer in the Netherlands to brew beer from
pure natural mineral water from its own spring. As Bavaria also produces its
own malt, the entire chain is under its own management. The malt houses in
Lieshout and Eemshaven are owned by Holland Malt BV, a joint venture between
Bavaria and Agrifirm, a farmers' cooperative. This typifies the philosophy of
the family business: beer of a constant high quality. Bavaria employs a total
of about 1000 people in the Netherlands and abroad. Bavaria is available in
130 countries. Out of the six and a half million hectolitres of beer produced
by Bavaria on an annual basis, almost 70% is destined for the foreign market.

For further information please contact: Bavaria N.V. - Inge van der Heijden, inge.van.der.heijden at / +31(0)499-428505

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