Project manager as addressee of a fine notice

In this specific case, the approval notice contained an enforceable condition for genetic engineering work, which stipulated that the general operating instructions should be supplemented with information on the Hazardous Substances Ordinance and that employees should be given workplace-specific training based on these operating instructions before they start their work.
In its decision, the Bavarian Supreme Court stated that the fine provision of Section 38 of the Genetic Engineering Act itself does not contain any restrictions on specific persons or groups of persons. Accordingly, both the project manager and the operator could be the recipients of a fine. The responsible party must ultimately be determined from the respective provision of the Genetic Engineering Act and its ordinances. A further prerequisite is that the obligation provision refers to Section 38 Paragraph 1 No. 12 of the Genetic Engineering Act.
In the case decided, the Bavarian Supreme Court affirmed the project manager's liability. Section 14 (1) Sentence 2 of the GenTG stipulates that the project manager is responsible for ensuring that official requirements and orders are implemented, regardless of whether the order is directed at the project manager or at the operator. Therefore, if an enforceable order from the licensing authority exists, the project manager himself is liable for fines.

Conclusion:
Whether the project manager himself can be subject to an obligation under the Genetic Engineering Act and its statutory regulations is impossible for a layperson to answer. In the case of a fine, he should always have this question examined by a legal expert. If the law only provides for a sanction for the operator, this argument can be used to challenge the fine by filing an appeal. The costs of such proceedings are usually covered by legal expenses insurance. If the fine is overturned, the project manager's reputation remains spotless, even with regard to his reliability.

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