Constitutional Court Allows Name
Munich law firm of juravendis attorneys at law to the decision of the Constitutional Court to the permission of the term ‘Gene milk’. The Federal Constitutional Court (BVerfG) the term gene milk for milk from cows that have been fed with genetically modified feedingstuffs, has found in its decision of 8 September 2010 (1 BvR 1890/08) for a permissible expression. Background and facts which complained Alois Muller dairy, which directs international companies for milk and dairy products as the parent company, against the environmental protection organization Greenpeace. The activist Association had pointed out through actions and publications, the dairy processes milk from cows, have received genetically modified feed. Greenpeace urged Muller to use no genetically modified feed and called gene milk Muller’sche milk as a result”. Dispute the appellant Alois Muller dairy sued in the civil courts consequently to refrain from this statement. But also the Court of Cassation, the German Federal Supreme Court (BGH), rejected the claim to injunctive relief.
The Court of last instance, the Bvergg, has accepted the constitutional complaint of the Muller group not to decide in its decision by the 8.9.2010. “Justification using the term gene milk” represents a valid expression. Gene milk”is a singular term, so devoid of context, a low-substance phrase whose exact meaning resulting from case to case just the context is critical interpretation. Thus the term gene milk is”not unique and in need of addition in any case. The defendant environmental protection organization Greenpeace have referred to in their publications (actions, protests, publications, etc.) always ensure that dairy used genetically modified feed the Millers and their protest is directed against this practice. It was the goal of environmental protection association to educate consumers about the risks, which in his view with the use of genetically modified Organisms in food production are connected.” (Message of Beck, 27.10.2010). According to interpretation by individual parties, both also can refer that not in the entire production process on genetic engineering procedure is resorted. For more information about the decision of the Constitutional Court and the consulting services of juravendis lawyers in
