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CMS wins case for Lower Saxony Regional Health Board before Federal Administrative Court: accreditation decisions now without time limitation

24/09/2018

Hamburg – On 19 September, the German Federal Administrative Court (BVerwG) ruled in the third and final instance that there is no legal basis for imposing accreditation time limits on conformity assessment bodies. Conformity assessment bodies check whether products, procedures and services in Germany comply with the relevant requirements, such as specific quality standards. In order to be able to conduct an assessment of this nature, these bodies must be approved by a third party. In this context, the Lower Saxony Regional Health Board had brought a lawsuit against Deutsche Akkreditierungsstelle GmbH (DAkkS), which had limited the accreditations for a testing laboratory and a medical laboratory to five years in each case. According to the rulings handed down at all three levels, accreditation decisions must generally be issued without time limitation.

A CMS team headed by lead partner Dr Hermann Müller successfully represented the Lower Saxony Regional Health Board in this dispute about a key aspect of administrative law for trade and industry.

Through its ruling, the Federal Administrative Court has brought to an end a lawsuit on the permissibility of accreditation decisions that has been ongoing since 2013 and dismissed the appeal by DAkkS GmbH.

The judgment cannot be appealed. The accreditation firm has already announced that it will apply the ruling with immediate effect and will in future issue accreditations without time limitation in the relevant areas.

CMS Germany

Dr Hermann Müller, Lead Partner
Johanno Ibes, Associate, both Real Estate & Public

Press Contact
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Related people

Dr. Hermann Müller, LL.M. (The University of Edinburgh)
Partner
Hamburg
Johanno Ibes