Second round in the hobby beekeeper’s dispute – tolerate and liquidate –

After the European Court of Justice (ECJ) declared the honey of a hobby beekeeper subject to licensing, the beekeeper sought a broad ruling in the proceedings that the authorities within a 3 km radius of his apiary must implement appropriate protective measures and have their compliance monitored by the supervisory authorities. The Bavarian Higher Administrative Court (Bavarian VGH) made it clear that the hobby beekeeper was indeed significantly adversely affected by the contamination of his honey and could therefore claim damages. However, he could not sue for further protective measures because good professional practice is determined by the Genetic Engineering Plant Production Ordinance. The protective distances stipulated therein are also binding for the courts. If the protective distances are observed, the precautionary principle is sufficiently taken into account. It is not the task of the courts to determine the distances themselves; this is the task of the legislature. As long as the legislature has not created new regulations, the courts cannot independently implement further precautionary measures or set different safety distances.
However, since this is a fundamental issue, the Bavarian Higher Administrative Court has allowed an appeal on this matter. A final decision on this matter will have to be made by the Federal Administrative Court.

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