Release even if the genetic modification of the organism is unknown

In the case at issue, farmers had sown rapeseed in their fields. An examination of the seed commissioned by the producer had revealed no contamination with GMOs. However, an official examination later discovered small traces of genetically modified rapeseed. The authorities then prohibited the farmers from sowing and marketing the seed and ordered the termination of further cultivation by destroying the new growth. The plaintiffs had released GMOs by sowing without the required permit. After the Administrative Court and the Higher Administrative Court had differing views on the question of whether a release, i.e., the deliberate introduction of GMOs into the environment, requires the farmer to have knowledge of the contamination, the Federal Administrative Court interpreted this question to the detriment of the farmers. The "deliberate introduction into the environment" required for the release does not require the farmer to be aware of the contamination of the seed.
The decision is also significant beyond the agricultural sector, as it is likely to apply to cases where GMOs are released unknowingly. Furthermore, the decision is likely to shed light on the issue of farmers' liability—in this case, the liability of those who were unaware of the contamination. The issue of criminal liability also requires consideration, as the release of GMOs without the appropriate authorization constitutes a criminal offense.

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