Germany’s Federal Constitutional Court dismisses action brought against Genetic Engineering Act

Germanys Federal Constitutional Court in Karlsruhe has dismissed as unfounded the action brought by the Land Saxony-Anhalt against the Genetic Engineering Act, ruling that the provisions for the cultivation of genetically modified crops and liability are compatible with the Basic Law, Germanys constitution. The reasons given by the judges made reference to the particular duty of care of the legislature in view of the fact that the state of scientific knowledge has not yet been finally established when assessing the long-term consequences of the use of genetic engineering.

The court also upheld the current liability provisions in the Genetic Engineering Act. A farmer who grows GM plants will continue to be liable for any economic loss caused by GMOs outcrossing to conventional crops. The GMO farmer remains liable even if he has respected all the rules and is not therefore to blame for the losses caused by the outcrossing. If a single originator cannot be identified, all the GMO farmers in the region will be jointly liable.

To read the article about the ruling in more detail:
Federal Constitutional Court on the Genetic Engineering Act
An appropriate and well-balanced adjustment of the conflicting interests