Restaurant loses appeal against Michelin Guide court ruling

Taipei, March 19 (CNA) The Taiwan High Court on Tuesday rejected an appeal filed by Isosei, a Taipei-based Japanese cuisine restaurant, asking the court to prevent the Michelin Guide from sending inspectors to its premises and writing related evaluations, according to the court's ruling document.

After deliberating the restaurant's right to freedom of business, as well as Michelin Guide's freedom of speech and contribution to public knowledge by providing information on dining culture, the court determined that Michelin's practice of having its inspectors dine at restaurants and publish their evaluations in no way infringes on the rights of restaurants.

The case can still be appealed.

In the second instance, the restaurant's chef was added as a plaintiff claiming the right to refuse to serve Michelin Guide inspectors.

However, the chef's claim was dismissed as it was not part of the trial in the district court. The High Court highlighted the difference between a juridical person (the restaurant) and a natural person (the chef). Such a claim is harmful to the interest of the defendant, the court ruled.

The ruling can also be appealed.

Isosei preemptively filed the case with the Taiwan Taipei District Court in 2021, asking it to ban the Michelin Guide from dispatching inspectors to dine at its premises and publishing related reviews, to protect its freedom of business.

The restaurant claimed that its business philosophy is to give its chefs free rein not to be restricted by external authoritative evaluations.

It also objected to the secretive manner in which Michelin conducts its evaluations, without disclosing the inspector's identity, providing no clear evaluation procedures and the adoption of a uniform standard for restaurants, according to the district court's verdict in November 2021.

Representatives of the Michelin Guide argued that their publication has earned international credibility through rigorous evaluations over time and revealing beforehand the dispatch of an inspector would compromise their integrity, the verdict noted.

The purpose of anonymously eating at a restaurant is to personally taste the food and experience the service. To ban dining or reviews would impose restrictions on freedom of speech, said Michelin's representatives.

In addition, the restaurant sought to discriminate against Michelin inspectors and its action to prohibit Michelin Guide reviews constitutes a violation of the principle of equality and freedom of speech, the court found.

The Taiwan Taipei District Court concluded that it was not illegal for an inspector to dine at a restaurant unidentified and that Isosei cannot protect its freedom of business by invading the privacy of its customers.

The court rejected Isosei's claim, which the restaurant then appealed.