Bayern vs Bavaria

In 2001, the EU decreed that "Bayerisches Bier" or “Bavarian beer” is considered a protected geographical indication (PGI), putting it in the same elite group as Greek feta cheese, Italian Parmesan cheese or French champagne.

According to the lawyers who have made the case for the Bavarian Brewers’ Association that means that beer brewed by the Bavaria brewery in Lieshout in the Netherlands cannot be Bavarian.

So they think. Unfortunately, the case is far from clear.

Over the past few decades, the Bavaria brewery in Lieshout has had its brand name registered in many countries around the world. Today Bavaria exports its eponymous beer to more than one hundred countries. All in all, that adds up to an estimated volume of 3 million hl beer annually – or about he same volume the 650 Bavarian brewers export each year.

The Bavarian brewers argue that the Dutch brewer is committing an act of false labelling. Although the Bavaria brewery has mentioned “brewed in Holland” on its labels since 1995, the bold “Bavaria” lettering is designed to make consumers believe that they are actually getting the real “bayerisch” brew.

However the European Court of Justice said the Dutch brewer could retain the brand name it adopted in 1928 because it pre-dates the European ruling that Bavarian beer should have a special status. Signalling that the Dutch and the Bavarian “Bavaria” must coexist, it said Europe’s regional protection rules were not intended to disrupt brands which were registered in good faith.

Ironically, the Dutch brewer Bavaria had adopted the Bavaria name in the 1920s to emphasise that its new brewery had switched production from traditional Dutch ales to the bottom fermentation lager brewed the Bavarian way.

Both parties publicly welcomed the ruling. The Dutch brewer celebrated the fact it could retain its traditional name. The Bavarian Brewers’ Association said it welcomed the validation of its local brew’s protected status.

Following the European Court ruling, the Dutch brewer must now go back to an Italian court to prove it applied for its trademark in good faith in 1971.

Italy is the real bone of contention between Bavaria and the Bavarian brewers. Italy is the major export market for the Bavarian brewers. With beer consumption in decline in Germany, the Bavarian brewers secretly hope that if they can kick the Dutch Bavaria out of the market, Italy would be theirs.