The weight of non-consumable sausage casings and sausage clips may not be taken into account when determining the filling quantity of pre-packaged food. This was decided by the Federal Administrative Court in Leipzig on 06.05.2025.

What is it about?

The question of whether the weight of non-edible sausage casings and sausage clips may be taken into account when determining the net filling quantity of pre-packaged sausage products has led to an intensive legal dispute in recent years. The background to this is market surveillance measures against manufacturers who included these components in the filling quantity as part of the sausage product. While the Higher Administrative Court of North Rhine-Westphalia (OVG NRW) initially approved this practice, the Federal Administrative Court (BVerwG) has now clearly rejected this view, although only the court's press release is available so far.

Filling quantity Filling quantity Full quantity Sausage casings Sausage clips Sausage products

Decision of the OVG NRW (Judgment of May 23, 2024, Ref. 4 A 779/23)

The OVG NRW took the view that sausage casings and clips, provided that they were part of the sausage as is customary in the trade, were part of the "product" within the meaning of pre-packaging law and therefore counted as part of the filling quantity. Its main arguments:

  • Concept of the product: After the Directive 76/211/EEC and Measurement and calibration law filling quantity is to be understood as the actual product quantity. Commercially available wrappings such as non-edible sausage casings and clips are components of the goods, provided they are sold as a "tradable product".
  • Consideration of trade practices: Article 4(3) of Directive 76/211/EEC requires compliance with national commercial practices. The integration of the casings into the nominal quantity is therefore permissible.
  • No direct change due to LMIV: The Food Information Regulation (LMIV) does not contain a new or different definition of the net filling quantity. Rather, it refers to existing regulations such as the Prepackaging Ordinance and the Measuring Act.
  • Continued validity of the RFP: The previous guideline on filling quantity testing (RFP), according to which sausage casings and clips were counted as part of the net filling quantity, is still relevant, at least for the definition of the term.

The OVG annulled the prohibition order, as in its view the legal requirements for intervention in accordance with Section 50 (2) MessEG were not met.

Contrary decision of the BVerwG (judgment of May 6, 2025, Ref. 8 C 4.24) - according to which Press release of the court

The Federal Administrative Court overturned the OVG ruling and made it clear:

  • Exclusion of non-edible ingredients: The net quantity within the meaning of Art. 9 para. 1 lit. e) FIR and the provisions of the pre-packaging regulation include only the edible foodstuffhere the sausage meat. Non-edible casings and clips are part of the packaging and not Part of the food.
  • Priority of special regulations: The Prepackaging Ordinance refers to the FIR, the definition of which takes precedence. A reference to earlier administrative practice such as the RFP is therefore not permissible.
  • Consumer protection: The inclusion of non-consumable ingredients leads to a misleading indication of quantity, which is contrary to the purpose of consumer protection.
  • Binding nature of the LMIV: As a directly applicable EU regulation, the FIR sets the relevant standards. The BVerwG refers to the clear wording and meaning of the term "net quantity", which refers to the actual edible foodstuff.
Assessment of the legal situation

The ruling by the Federal Administrative Court has now clarified that non-edible sleeves and clips must be balanced out when determining the filling quantity. The contrary view of the OVG NRW, which was based on a broad understanding of the term "product", is therefore outdated. The inclusion of these ingredients in the net filling quantity violates the consumer protection standards stipulated by EU law and can lead to the prohibition of marketing.

Recommendations for affected companies

1. check and implement balancing obligation: Manufacturers should immediately ensure that Non-edible ingredients such as synthetic sausage casings and metal clips not included in the filling quantity be included.

2. adapt production processes: The calibration of the scales and the filling processes must be adapted accordingly so that only the edible product weight is included in the net quantity.

3. update labeling: The packaging information should be checked, especially for the declaration according to Art. 9 para. 1 lit. e) FIR. Where necessary Additional notes on non-edible ingredients in accordance with Annex VI Part C of the FIR.

4. document legal and product safety: Companies should be able to document compliance with the filling quantity regulations and provide legally compliant evidence as part of market surveillance measures.

5. adjust contracts with trading partners: Price and delivery agreements based on filling quantities may have to be recalculated and adjusted.

For individual advice on converting your product labeling and production processes or for Support for market surveillance procedures the lawyers of AVANTCORE RECHTSANWÄLTE in Stuttgart are at your disposal.