Questão jurídica principal
Whether the designation “Heidi-Alpen Bergkäse” is prohibited under the Berg and Alp Ordinance
Decisão extraída
The designation is permissible if the product comes from the mountain area and does not suggest origin from the alpine summering area; the ordinance must be interpreted in line with consumer perception and proportionality.
Fundamentação extraída
The court held that “Alpen” can denote the alpine region as a geographic area, not only “Alp” as summer grazing land. Since the cheese is a mountain product and the term does not mislead consumers into believing it is an alp product, the ordinance does not justify the ban.