A hunter's right of appropriation is not protected by the Genetic Engineering Act

The case decided by the Braunschweig Administrative Court concerned the question of whether a hunter's right of appropriation is protected under Section 1 No. 1 of the Genetic Engineering Act (GenTG). The plaintiff was a farmer and forest owner. His forest land was less than 1 km from the experimental field where genetically modified maize had been released. The plaintiff objected to the release permit. He had claimed, among other things, that his own hunting ground was threatened. The wild boars and deer fed on genetically modified maize and were therefore unsaleable, as there was no market for GMO-contaminated game.
The Braunschweig Administrative Court did not follow this view in its ruling (2 A 227/07). Rather, it stated that a hunter's right of appropriation is not protected by the Genetic Engineering Act. Section 1 No. 1 of the Genetic Engineering Act (GenTG) recognizes, in addition to humans, animals, and plants, the property of third parties as protected assets, but only material assets. Such material assets do not constitute a hunter's right of appropriation. Rather, the hunter's right of appropriation is a non-material right that is not protected by Section 1 No. 1 of the Genetic Engineering Act.

This publication can also be found on the website of the law firm Dr. Kauch .