Munich (dpa / lby) - In the million-euro process surrounding the insolvency of the large butcher Sieber, a decision by the European Court of Justice has increased the chances of the defendant Free State of Bavaria. The Munich Higher Regional Court only adjourned on Thursday, but in all likelihood the hearing of evidence will begin in autumn and winter. Previously it had looked rather bad for the Free State.
In the process, the insolvency administrator of the Bavarian butcher is suing for more than 12 million euros. The company had to file for bankruptcy after Bavaria banned the sale of its goods. Findings of listeria were the cause. The insolvency administrator argues that the bans were unlawful in whole or in part and therefore wants damages and compensation. He had failed in the first instance, but the court had recently made it clear that it could view the ban as illegal - that would have meant a defeat for the Free State.
This is where the ECJ comes into play: A decision in a similar case at the end of June could show that the exact limit values are not decisive. Should the court follow this view, it would open the way for a full or partial victory for the Free State.
In March 2016, official inspectors in the butcher shop in Geretsried (Bad Tölz-Wolfratshausen district) found extremely high Listeria values. Weeks later, the company had to close by order of the Free State. After consuming products contaminated with Listeria, almost 80 people in southern Germany fell ill from 2012, and 8 died. The Robert Koch Institute and the Federal Institute for Risk Assessment later saw the cases with a high degree of probability in connection with Sieber products. On the other hand, the insolvency administrator emphasized on Thursday that there was no connection.
