The Federal Administrative Court’s reasoning on the release dispute is now available

It has long been disputed in the literature whether targeted release into the environment only occurs when genetically modified organisms (GMOs) are deliberately and intentionally released, meaning that the farmer must have knowledge of the GMO contamination of the seed. The Federal Administrative Court did not agree with this view in its decision of February 2012 (see AGCT-Gentechnik.report 3/2012 of March 31, 2012 ). It argued with the legal foundations of European law. This shows that the element of knowing plays no role in the definition of release. Rather, any intentional release, i.e. any introduction into the environment, whether direct or indirect, as a result of the use of a genetically modified organism, its storage, disposal, or making it accessible to third parties should be included. The term "targeted" was used by the European legislator only to distinguish it from an accident in a laboratory. There is no evidence that the term “intentionally” is equivalent to “knowingly” in this respect.
This is likely to be grist to the mill for opponents of genetic engineering in agriculture, as every farmer must expect to receive a regulatory order if his seed turns out to be contaminated.

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