A well-known Cantonese restaurant in Taipei, “Guoqi”, sent a letter last year requesting that the Michelin Guide would not send “secret customers” to shop, nor would they be allowed to comment on the restaurant. Appointed a lawyer and filed a lawsuit for “infringement prevention”, but the Taipei District Court held that after the trial, the food review belonged to freedom of speech and sentenced “Guoqi” to lose the case, and “Guoqi” immediately issued a statement saying that it would appeal again.
Fry the crab shells and legs in the oil pan in sequence, then add the shallots and seasonings, stir-fry on high heat for less than 5 minutes, the ginger, onion, and sago can be served on the table, and the crab claws are full of meat. , Look at the old gluttonous mouth watering! This is the signature dish of a Cantonese restaurant, but the owner of the restaurant was dissatisfied with the way the Michelin “Mystery Guest” came to evaluate the “forced beauty pageant”, and went to court together with the Japanese restaurant “Isose”.
Tian Zhenqing (2021.8), a lawyer who appointed Guoqi, said, “All the guest chefs are very concerned about it, but Michelin uses the spy method. Today, if you don’t use the spy method, I can decide whether to accept it or not. You come to me to consume it. Rights, but use secret guests and spies, not real identities, and we don’t agree.”
It’s just that after “Isose” lost the first trial in November last year, the “gut gas” also kicked into the iron plate, and the court decided to lose the case. The judge believes that the general consumer and the restaurant store, conclude a sales contract, as long as the “meal and price” Both parties agree that the contract is established, and they will not ask the identity of the consumer or whether to comment. Therefore, “Guoqi” claims that Michelin spies infringe upon the freedom of contracting, which is not credible, and Michelin has not released any comments on “Guoqi”. , unable to identify Michelin, and sent spies to “Guoqi” and sentenced “Guoqi” to lose the case.
Lawyer Liu Weiting said, “As long as there is consumption between consumers and restaurants, there is a catering contract. The restaurant will not be screened because of the motive behind the consumer, whether to establish a catering contract with the consumer. Moreover, Michelin itself makes positive comments on each restaurant, and it is selected in their preferred range of Michelin restaurants, so it is not a situation of negative evaluation, so it is difficult to constitute the so-called crime of libel.”
Although other lawyers believe that there is little chance of winning an appeal again, “Guoqi” issued a statement emphasizing that the freedom to make a contract includes “the freedom to decide who to make a contract with.” ”, was not on the list after the evaluation, so after receiving the judgment, he will appeal to defend the freedom and rights of the restaurant!
(FTV News/Reported by Lu Zhongyu and Li Qi in Taipei)
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