The traffic light has to accept another setback in court: as Germany has not met its climate targets in the transport and construction sectors in recent years, according to the ruling, it must take countermeasures. The federal government announced a review.
The Higher Administrative Court of Berlin-Brandenburg condemned the federal government’s climate protection policy as illegal on several counts. It forced the traffic light coalition to establish immediate programs for greater climate protection in transportation and buildings. The court thus confirmed the actions brought by Deutsche Umwelthilfe (DUH) and the environmental association BUND.
This is the Climate Protection Law, which currently sets annual targets for all sectors to reduce harmful greenhouse gases. If these are not met in individual sectors, the law states that the responsible ministry must take countermeasures with an immediate program.
Violate the requirements of the Climate Protection Law
The federal government violated the requirements of the Climate Protection Act in the transport and construction sectors in 2021 and 2022. However, Transport Minister Volker Wissing (FDP) rejected an immediate program. The federal government never decided on a program for the construction sector by the Minister of Construction, Klara Geywitz (SPD). She argued that a new climate protection law was planned anyway, giving sectors more room for maneuver.
The court concluded that the federal government must take additional countermeasures to safely achieve climate goals for the years 2024 to 2030. In oral justification, presiding judge Ariane Holle argued that the government had supplemented its climate protection program in October 2023 in response to excessively high emissions values. But this is a medium and long-term instrument. The emergency program required by law is something different.
The immediate program is intended to be a concrete response to failure to meet targets to ensure that targets are met in subsequent years, Holle explained the verdict. The court rejected the federal government’s argument that the action was not admissible.
Federal government announces review
The federal government will appeal the decision, as Transport Minister Wissing told the ARD capital studio. The traffic light coalition is based on the argument that, in any case, an amendment to the Climate Protection Law is planned.
“The federal government met its climate protection goals last year,” said Wissing. “The Climate Protection Act system, however, provides for a sectoral assessment. We are currently changing this sectoral assessment through an amendment and revision of the Climate Protection Act, and this will soon be approved by the German Bundestag. And this means that the sectoral assessment and also the relevance of the decision no longer apply.”
According to the legal wording of the ARD, it could take six to twelve months before the Federal Administrative Court is the next instance to judge the action. If the new climate protection law had come into force at that time, the ruling would have no basis.
The plaintiffs are satisfied with the verdict
The plaintiffs welcomed the current decision and called for immediate action, for example with a speed limit. BUND Managing Director Antje von Broock was very pleased: “The court has strengthened support for climate protection. The failure of the federal government’s climate policy is illegal.” She now expects more ambition from federal ministries. “That means: speed limit now, abolishing company car privileges, ending tax advantages for diesel and kerosene, and clear guidelines for the energy-efficient retrofit of buildings.”
DUH lawyer Remo Klinger said: “The verdict is an overall success.” Climate protection is a legal obligation and not a “nice to have”. However, he admitted that an appeal to the Federal Administrative Court threatened to delay the effect of the Berlin ruling.
The Greens also welcome the decision
The Greens see the verdict as reinforcing their demand for more commitment and money for climate protection. “Although we have charted the necessary course to compensate for much of the grand coalition’s climate deficit, there is still much to do,” party leader Ricarda Lang told the dpa news agency. The government will now find ways to make the necessary investments in climate protection and competitiveness, added the co-president.
Katharina Dröge, one of two parliamentary group leaders in the Bundestag, said: “Especially now, secure financing is needed for the continuation of climate and transformation fund projects.” One way to guarantee this would be “a recently legally created special climate protection fund”.
Birthe Sönnichsen, ARD Berlin, tagesschau, November 30, 2023 12:00