State of technology and science
The term “state of technology and science” is a decisive benchmark in German law for the assessment of technical and scientific methods, procedures, and developments. It is applied in numerous areas of law, particularly environmental law, product safety law, emissions protection, medical device law, and further regulations concerning the protection of humans, animals, and the environment. The term refers to a dynamic assessment standard that always corresponds to the current level of development in science and technology and thus provides flexibility within the law.
Definition and legal significance
Explanation of the term
The “state of technology and science” describes the level reached by technological and scientific development at a particular point in time. In contrast to the “state of the art,” which focuses primarily on technical feasibility, the “state of technology and science” also includes insights and methods derived from scientific research.
Distinctions
- State of the art: Describes the technical development level of modern processes, without explicit inclusion of scientific research.
- State of science: Is based on current research findings, without necessarily reflecting technical feasibility.
- State of technology and science: Combines both standards and requires consideration of both current technological possibilities and scientific knowledge.
Legal foundations
Laws, ordinances, and directives frequently make explicit reference to the “state of technology and science.” Examples:
- Federal Immission Control Act (BImSchG) § 5: Obligations regarding precaution against harmful environmental impacts, oriented to the state of technology and science.
- Infection Protection Act (IfSG): Requirements for measures to prevent and control infectious diseases.
- Medicinal Products Act (AMG) and Medical Devices Act (MPG): Provisions on the safety and performance of medical devices.
Legal-dogmatic interpretation
Dynamic standard
The “state of technology and science” is not static, but evolves continuously with scientific and technological progress. The standard is always the current development level at the time of assessment. Judicial and administrative decisions must therefore be regularly adapted.
Sources for determination
The following, among others, are used to establish the applicable standard:
- Scientific publications and studies
- National and international standards
- Industry standards and technical regulations (e.g., DIN, EN, ISO)
- Recommendations and guidelines from recognized institutions
- Administrative practices and case law
Binding effect
The requirements arising from the state of technology and science are generally binding, provided they are mandatorily stipulated by law. In some cases, however, the respective authority or testing body is granted a certain scope for discretionary decision-making.
Areas of application
Environmental law
Especially in environmental law, the “state of technology and science” is a central standard. Both the Water Resources Act and the BImSchG require operators of installations to minimize emissions in accordance with the latest developments, taking both protective objectives and the state of technology and science into account.
Product safety and product liability
In product safety law (ProdSG) and in product liability (§ 823 BGB, § 1 ProdHaftG), adherence to the state of technology and science leads to heightened diligence obligations. Manufacturers must ensure that products are manufactured and tested according to the latest level of development in order to exclude liability risks.
Medical law
In pharmaceutical law and in the field of medical devices, it is essential to demonstrate efficacy and safety according to the latest state of science and technology. Studies, guidelines, and registry data form important foundations for evaluation.
Case law and interpretation
Courts often interpret the term restrictively by requiring that a standard be generally accepted in both science and technology. Individual opinions or experimental developments are generally not sufficient to establish the state of technology and science on a binding basis. The determination is made on a case-by-case basis, regularly with the aid of expert reports.
Significance for companies and public authorities
Companies and operators of technical installations are obliged to keep themselves constantly informed about legal changes, new findings, and developments and to adapt their procedures and products to the current state of technology and science. The term also serves as a basis for examination and supervision by permitting authorities and supervisory bodies.
International and European aspects
A comparable standard is also used at the European and international levels. The Seveso III Directive (2012/18/EU) and further EU environmental directives use the term “state of science and technology” as the basis for risk prevention and protection measures.
Summary
The “state of technology and science” is a central, always dynamic assessment standard for legal obligations in Germany and Europe. It serves to ensure a high level of safety and protection in the public interest. By linking scientific knowledge with actual technical implementability, a continuous process of innovation and adaptation is supported, whose compliance is regularly reviewed and updated through case law, authorities, and technical regulations.
Frequently asked questions
What is the significance of the state of technology and science in German law?
In German law, the “state of technology and science” plays a central role in the interpretation and application of various statutes. This term is especially used as a standard in areas of technology, environmental, medical, and product safety law for requirements imposed on operators, manufacturers, or service providers. In contrast to the pure “state of the art,” which refers only to widely used technical solutions, the state of technology and science takes into account both the current level of technological development and the state of scientific knowledge. In the legal context, this ensures that not only established or customary methods are applied but that new scientific findings are also considered. Compliance with this standard serves both the protection of the public (e.g., environmental and health protection) and the avoidance of liability for companies. Courts and authorities often refer to expert reports, scientific publications, and standards to determine the current state. Companies must therefore continuously check whether their measures and installations correspond to the evolving state of science and technology.
In which areas of law is adherence to the state of technology and science mandatory?
Compliance with the state of technology and science is required in many areas of law. Typical examples are found in environmental law (e.g., Federal Immission Control Act or TA Luft), where emission limits are based on this standard. It is also firmly established in product safety law, medical device law, and pharmacology, such as for risk minimization or the approval of pharmaceuticals. Construction and transport law also contain corresponding requirements, for example regarding the construction of installations or road safety. In liability law (especially product and producer liability), the state of technology and science serves as a reference point for whether a manufacturer has taken all reasonable measures to prevent damage.
How is the state of technology and science determined and reviewed legally?
Determining the state of technology and science in the legal context does not occur in the abstract, but is always based on the relevant subject matter, technology, and assessment point in time. Key sources here are scientific publications, expert opinions, technical standards (such as DIN, EN, ISO), specialist literature, reports from professional associations, as well as recommendations from authorities and recognized experts. In litigation, courts often rely on expert opinions and refer to scientific expertise. Compliance is regularly monitored by supervisory authorities (for example, environmental or trade supervisory authorities) in the context of permitting and supervision procedures. For companies, it is advisable to continuously monitor the relevant field and consult experts to ensure they are operating in accordance with the latest standards.
What legal consequences arise from failure to comply with the state of technology and science?
The legal consequences of non-compliance with the state of technology and science are varied, ranging from administrative measures (such as cessation of operations, product recalls, or criminal sanctions) to civil liability for damages caused. In liability law, failure to meet this standard can be considered gross negligence or even intent, which may lead to significant claims for damages. In particularly regulated fields such as medical device or environmental law, breach of this duty can also result in regulatory offences, fines, or the withdrawal of permits.
How does the state of technology and science differ from the state of the art in the legal context?
While the “state of the art” generally describes the proven, established technical level in practice, the term “state of technology and science” in the legal context goes further. It also encompasses measures, procedures, or findings that are still at the forefront of scientific research, provided they are already sufficiently reliable and practically feasible. Legally, this means that not only established technical solutions must be used, but also innovative, scientifically based approaches, as long as these are recognized and practicable among experts in the field. This standard is stricter and sometimes requires a more rapid adjustment to progress, especially in safety-relevant and high-risk areas.
Can companies be obligated to implement the state of technology and science, even if this entails increased costs?
Yes, under German law there are numerous situations in which companies are required to implement the current state of technology and science, even if this involves significant investments. Reasonableness is, however, assessed on a case-by-case basis and depends on economic, practical, and safety considerations. In environmental and product safety law in particular, it is weighed whether the effort required is proportionate to the intended protection. It is generally expected that companies establish and continually adapt economically reasonable (i.e., justifiable) measures. Limits exist where the effort would be considered “disproportionate,” which is to be decided by courts in case of disputes.
How often are companies legally required to update the state of technology and science?
The obligation to ensure up-to-dateness stems directly from the concept itself: Since both science and technology develop rapidly, companies have an ongoing obligation to monitor and adapt. At the latest, when significant innovations become manifest through new standards, scientific findings, or official recommendations, a review is necessary. In the context of audits, approval procedures, or safety-relevant events, authorities may also require retrofitting or updating to the new standard. Companies are therefore required to establish continuous processes for monitoring and adaptation in order to avoid legal violations and associated liability risks.
