Munich, March 14 – A frosty dispute has gripped Munich’s Ruffinihaus, where the historic Spanish Fruit House finds itself unable to sell ice cream, despite the arrival of spring and warmer weather. The reason: a rival café, Segafredo, holds an exclusive right to ice cream sales within the building, sparking outrage from the fruit house’s senior owner, Marion Schmöller.
The Heart of the Dispute: An Exclusivity Clause
The conflict began approximately five years ago, following the general renovation of the Ruffinihaus. Marion Schmöller, who runs the Spanish Fruit House with her daughter Marina, had eagerly prepared to offer “wonderful Italian ice cream in French triangular cups” to discerning customers. The fruit house, a century-old establishment known for its dried fruits, nuts, candied fruits, Spanish sweets, spirits, and chocolate specialties, had even installed new cooling facilities.
However, about a year after reopening, Schmöller received a letter from the landlord, the city’s Municipal Department, instructing them to cease ice cream sales. Upon inquiry, she learned that the owner of Cafébar Segafredo, also located in the Ruffinihaus, had complained. Schmöller was informed that Segafredo’s lease agreement included an exclusivity clause for ice cream sales, preventing any other tenant in the Ruffinihaus from selling the frozen treat.
“This is an outrage! He can sell ice cream, and we can’t. I’ve been working in this shop for over 50 years,” fumed Schmöller, whose grandfather opened the traditional business in 1912 as a small fruit shop.
Segafredo’s Stance: A Business Decision and Building-Wide Monopolies
When questioned, the Segafredo owner, who wished to remain anonymous, confirmed that he had secured a “competition protection” clause for coffee and ice cream in his lease agreement after the renovation. This clause prevents any other tenant in the Ruffinihaus from selling these items.
“At the end of the day, it’s also a business,” the owner stated, emphasizing that “there are many monopolies in the Ruffinihaus. Every single tenant has competition protection for their product range. The Spanish Fruit House also has it. So, for example, I wouldn’t be allowed to offer dried fruits.”
The City’s Perspective: Promoting Diversity and Contractual Obligations
The Municipal Department confirmed that the shops in the Ruffinihaus are allocated through tenders based on Munich’s city center concept. A key part of these tenders is defining the product range for each business. The aim is to promote small, owner-managed businesses with deliberately diverse offerings to strengthen “diversity in the city center.”
The department acknowledged that “in the specific case mentioned, the lease agreement for one shop contains a competition protection clause for the sale of ice cream.” However, they declined to comment on specific contract details.
Stalemate and Unsold Ice Cream
Schmöller claims that a business partner attempted to negotiate with the Segafredo owner, who allegedly demanded payment for the Spanish Fruit House to also sell ice cream. The Segafredo owner, however, denies that such a conversation ever took place.
With both sides entrenched, the dispute remains unresolved. The Schmöllers will, by all indications, have to forgo ice cream sales again this summer. Schmöller mentioned that the French triangular ice cream cups are currently stored in the cellar, just in case.
