As with the so-called decisions based on notification or application, it has also happened in recent times that the licensing authorities have determined by decision that a permit for a facility has expired due to the passage of time. According to the case law of the Frankfurt Administrative Court, these decisions also lack a legal basis. According to Section 27, Paragraph 1, No. 2 of the GenTG, the permit expires if a genetic engineering facility has not been operated for a period of more than three years. In this respect, the permit expires by operation of law, meaning that no further administrative decree or declaratory act is required.
This publication can also be found on the website of the law firm Dr. Kauch .
