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Federal Court of Appeal follows CJEU Health Claims Case

Moritz Hagenmeyer


Once again the German Federal Court had an opportunity to contribute to the normal functioning of health claims-interpretation (as to its first claims case cf. EFFL 2011, p. 58). Alas, had the “Monstercheek” (“Monsterbacke”) judgment of 5.12.2012 (I ZR 36/11) been a claims application it might have failed for lack of precision and the court’s decision would most probably have been classified as “non specific”. By analysing that decision, this brief will discuss why that is so, what the case was about and what potential consequences for food advertising follow from the judgment.

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