Can Dutch beer be Bavarian?

The Federal High Court of Germany has submitted a case of high importance (German link) to the European Court of Justice. In a nutshell: To which extent is a geographical specification of a product protected by EU regulations? Yeah, heard it all before: Champagne, Dresdner Stollen, Schwarzwälder Kirschtorte. But this time it’s serious: Can beer brewed in the Netherlands be sold under the brand name “Bavaria Holland Beer�?

In the original case of the Bavarian Brewers’ Association v. Brauerei Bavaria N.V., a Netherlands company, the Appeals Court in Munich had allowed the claim, basing its decision on Germany’s application in 1994 to have the geographical specification “Bavarian Beer� (“Bayerisches Bier�) registered in the EU list of protected originations and geographical specifications. Brauerei Bavaria N.V had registered its internationally registered brand “Bavaria Holland Beer� for protection in Germany a year later, in 1995. According to the Appeals Court, the fact that “Bavarian Beer� was not finally registered with the EU as a protected geographical specification until 2001 is not important in this context.

Brauerei Bavaria N.V. took the appeal to the Federal Court that has now submitted several questions to the European Court of Justice regarding the “extent of protection provided by an EU regulation regarding a geographical specification against an internationally registered brand�. Federal Court Supreme Judge Joachim Bornkamm called the legal question “very complicated�.

As if InBev’s takeover of a large part of the Munich breweries isn’t enough it seems we may have to live with flatland Bavarian brew. Or do the Netherlands want the Wittelsbacher back? You know, the ones who ruled there about 650 years ago.

Straubing branch of the Wittelsbacher
1347–1388 Wilhelm I., regierte auch als Graf von Holland, Seeland und Hennegau
1347–1404 Albrecht I. und Albrecht II. † 1397, regierten auch als Grafen von Holland, Seeland und Hennegau
1404–1417 Wilhelm II., auch Graf von Holland, Seeland und Hennegau
1404–1425 Johann III., auch Graf von Holland, Seeland und Hennegau

Bavaria beer has been around for a lot longer than 1995 though, it was founded in 1719! It's brewed in a village near where my ex lives and is a perfectly acceptable beer.

AH: Does this taste taste Bavarian?

Well it tastes like lager, which means it tastes pretty much like all the Helles around here, as they all taste pretty much the same. It's usually served by a smiling waiter or waitress, so it's not the whole Bavarian experience though. It does have one major fault, it either comes in 0.33l bottles or bloody stupid little 0,25 glasses, hardly enough to make your throat wet!

Yes, but those 25cl glasses do go down oh so easily. Just have to order 4 at a time

Prob with the 0,25 glasses is you end up drinking much faster cos it's only 2 good swigs.

I know - glorious isn't it.

The irony is that the Germans are fine with producing "Gouda", "Edamer" etc in Germany

If you look into the history of the Netherlands you'll discover that the country has been ruled by Bavaria and that many of the later Kings/ rulers had names like 'of Bavaria'. As a matter of fact, if you visit the 'Binnenhof' in The Hague you will see the Bavarian coat of arms proudly being displayed in the Rose window in the Knight's Hall (Ridderzaal)...
If the Dutch are proud of having belonged to Bavaria, why not have a beer named after it?

Ah Dutch beer, always a funny topic...

No: Dutch beer can't be Bavarian and was never meant to be so. Dutch Bavaria beer doesn't even taste Bavarian (more like Heineken and this is not necessarily ment as a recommendation). However the brand is fairly known in certain international circles (they also make money with a non alcoholic derivate) and after having registered this name in the 20's of the last century, well I guess they would like to stick to the brand name.

And even if I'm not the biggest supporter of their beer, I do like their marketing and promotion campaigns. Though it doesn't "refresh parts of your body other beers don't reach" their Leeuwenhose during the soccer world championship in 2006 was a bigger hit then the Dutch national team and an item you may occasionally even spot in Munich (e.g. Oktoberfest, Fasching).



I'm Dutch and non-bavarian enough however to have misfeelings about the EU list of protected originations and geographical specifications, all the more if I take a look at the list of "typical Bavarian products" that might be elegible to be added to that list: I don't see what is so typical Bavarian about "Bayerische Obstsäfte", "Bayerischer Romadur" (originally a Belgian cheese) just to to mention one or two. And as long as Milchland Bayern mentions that Bavaria's favorite varieties of "schnittkäse" are Gouda, Edamer and Tilsiter I don't only see possibilities for Dutch cheesemakers to protest in retaliation but also for the Swiss provided they have a cheese or beer trade mark with a Bavarian touch in it's name.

But even If the Dutch Bavaria brewery would not succeed in protecting it's trade mark, well I suppose they are big enough to buy the German Bavaria brewery, located right in the heart of Bavaria near Aschaffenburg. Problem solved by then I guess.

In the mean time, if the Bavarian Brewers’ Association succeeds, I swear I quit drinking my favorite mix (Löwenbräu and Guiness) and it will be time to think about how to protect all the brands in my favorite beer country, Belgium. I'd hate to see a "Bayerische Duvel, de Koninck, La Chouffe or whatever.

cheers

As mentioned in the original post.