Squire Patton Boggs clients Speyer & Grund and Hygreen have won an important decision before the German Federal Court of Justice in Karlsruhe: in a ruling dated 6 February 2025 (I ZR 40/24), the Federal Court of Justice (Bundesgerichtshof) overturned the judgement of the Higher Regional Court (Oberlandesgericht) of Frankfurt am Main (6 U 219/22) and referred the case involving Speyer & Grund and Hygreen back to the Court of Appeal for a new hearing and decision.
This legal dispute is one of several proceedings concerning so-called dual-use products that are currently being conducted between sister companies Speyer & Grund GmbH and Hygreen GmbH on the one hand and Werner & Mertz GmbH on the other. In these proceedings, it has to be clarified whether the product "HyGreen by SURIG Essigspray", which is undisputedly classified as a cleaning agent, is also subject to the provisions of the EU Biocidal Products Regulation.
In the now reversed judgment, the Frankfurt Higher Regional Court had confirmed this and prohibited the sale of the products in question. During the oral hearing, the Federal Court of Justice made it clear that the reasons given by the Higher Regional Court for its judgement had nothing to do with the case at hand. The Federal Court of Justice emphasised that the Frankfurt judges had not addressed the relevant legal question of how to distinguish between cleaning products and biocidal products.
Speyer & Grund and Hygreen are being represented in all instances by Squire Patton Boggs lawyers Dr Christofer Eggers and Dr Christian Böhler in the firm’s office in Frankfurt am Main. Dr Brunhilde Ackermann (Karlsruhe) has taken over the representation before the Federal Court of Justice.
The case and the legal issue it raises are of considerable importance to the cleaning products industry. At the time, the Frankfurt Higher Regional Court equated cleaning products with biocidal products and considered the claim "hygiene" to be a biocidal purpose that should open up the scope of the Biocidal Products Ordinance. This assessment has now been qualified by the Federal Court of Justice, which has expressed doubts that the claim "hygiene" alone leads to the applicability of the Biocidal Products Regulation.
"The fact that the Federal Court of Justice clarified in the hearing that not every cleaning agent is also a biocidal product is not only an important signal for the industry, but also takes into account the actual market conditions," says Christofer Eggers. "We are pleased that the Federal Court of Justice has now clarified some fundamental points and are optimistic about the next steps in the proceedings."
Speyer & Grund is a medium-sized ‘hidden champion’ that has been specialising in the production and distribution of vinegars and acidulants for over 160 years. Speyer & Grund has been selling vinegar essence since 1877 and has been known under the brand name SURIG since 1973.
Hygreen GmbH is a young Mainz-based company founded in 2019 and a spin-off of the acidifier market leader Speyer & Grund (SURIG vinegar essence brand). HYGREEN is the specialist in sustainable food acid-based cleaning products that make cleaning with household products practical and uncomplicated.