Summaries of the Country Reports

Abstract

The amended Gene Technology Act (GTG) regulates GMO liability for farmers (§ 79k to § 79m). Fault need not be proved and causation is presumed if the claimant can show that the defendant’s actions/inactions were prone to cause interference. This presumption is rebutted if the farmer can show that it is probable that the interference was not caused by his action/inaction. In this case the burden of proof lies with the claimant. The loser pays principle applies in respect of costs incurred in establishing causation. The Act does not explicitly provide for any defences but those of the general tort law apply. In the case of multiple tortfeasors joint and several liability is imposed. There are no specific rules for recourse between such tortfeasors and therefore the rule of the general tort law (§ 896 General Civil Code) has to be applied. The Act does not differentiate between crop and seed production. The application of the Civil Code and other relevant provisions remains unaffected. Simultaneous or subsequent claims may be instigated.