What the Label Promises

German courts judge the label Made in Germany under the ban on misleading advertising and ask what buyers understand by the label. Since a ruling of the Federal Court of Justice in 1973, the test has been the maßgebliche Herstellungsvorgang, the decisive manufacturing process in which the goods receive their defining qualities. That process must take place in Germany. In 2014 the Higher Regional Court of Hamm ruled on condoms made from blanks produced abroad. They were moistened in some cases, packed, sealed and checked in Arnstadt in Thuringia, and the court ruled that they could not be advertised as made in Germany. In 2011 the Higher Regional Court of Düsseldorf ruled on knives made in China and only polished in Germany. Die bloße Endbearbeitung reichte dafür nicht aus. Final finishing alone was not enough.

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