01.12.2023
Source: Energie & Management Powernews
The German government must adopt additional rapid measures to reduce emissions from transport and buildings. This was the verdict of the Higher Administrative Court in Berlin.
Following complaints by Deutsche Umwelthilfe (DUH) and the environmental association BUND, the 11th Senate of the Higher Administrative Court (OVG) Berlin-Brandenburg handed down its verdict on November 30. According to the ruling, the Federal Government must take immediate measures to quickly reduce greenhouse gas emissions from the transport and building sectors.
The associations had gone to court because, in their view, the responsible ministries had not taken sufficient action, although the reduction targets in both sectors had not been met for years. The associations invoked the Climate Protection Act. According to Section 8, the responsible ministry must take countermeasures with an immediate program if the amount of greenhouse gases permitted for a sector is exceeded in a year.
The law stipulates a 65 percent reduction in greenhouse gases across all covered sectors by 2030 compared to 1990. A good 40 percent reduction was achieved last year. However, in June 2023, the German government drafted a new version of the Climate Protection Act, which abolishes the sector-specific accounting of greenhouse gas emissions.
Revision likely
The presiding judge of the Senate, Ariane Holle, explained in the oral argument that the additions to the climate protection program from October 2023 were more of a medium to long-term instrument. The immediate action program called for in the law was something else.
The court rejected the German government's argument that the action was not even admissible. The government is now considering an appeal, which would have a suspensive effect on the ruling. The plaintiffs' lawyer Remo Klinger expects an appeal, but also expects success before the Federal Administrative Court.
Plaintiffs demand speed limit
The plaintiffs welcomed the ruling. DUH Managing Director Jürgen Resch explained: "The Federal Government has been certified as not meeting its own climate targets." All measures that are reasonable and cost nothing or even bring in money must now be taken. As examples, Resch cited a speed limit on freeways and an immediate renovation program for public buildings such as schools or daycare centres as well as the reduction of climate-damaging subsidies, which in his opinion could also bring the necessary money into the public coffers.
For the Bund für Umwelt und Naturschutz Deutschland (BUND), Managing Director Antje von Broock explained: "The building and transport sectors need a climate protection update." The German government's failure in terms of climate policy is unlawful. "We now expect more ambitious measures from Ministers Wissing, Geywitz and Habeck in order to get on track with climate protection," said von Broock, referring to Transport Minister Volker Wissing (FDP), Construction Minister Klara Geywitz (SPD) and Climate Protection Minister Robert Habeck (Greens). This includes the abolition of the company car privilege and tax benefits for diesel and kerosene as well as clear guidelines for the energy modernization of buildings.
Political reactions: CDU, Union, Deneff
Union climate politician Andreas Jung has called on the traffic light to take action over the ruling. "The strategy of combining budgetary tricks and verbal assurances with a gutting of the Climate Protection Act has finally failed," said Jung. The Climate Protection Ministry (BMWK) asserted that the measures contained in the Climate Protection Program 2023 would close the emissions reduction gap by up to 80 percent. However, further efforts are required.
Leading politicians from the Greens see the court ruling as confirmation of their call for more money for climate protection. Party chairwoman Ricarda Lang announced that she would "find ways to make the necessary investments in climate protection and competitiveness". Co-chair of the parliamentary group Katharina Dröge proposed "a legally restructured special fund for climate protection".
The German Business Initiative for Energy Efficiency (Deneff) also welcomed the ruling. "Compliance with the climate protection targets and the new Energy Efficiency Act will not succeed without sufficient, effective measures," explained Managing Director Christian Noll. According to Noll, the German government must present a solid efficiency strategy that takes into account the costs of the energy transition as well as the cost burdens caused by high energy prices and security of supply. For example, the BMWK's announced "Roadmap Energy Efficiency 2045" is still not available.
Further climate lawsuits by DUH for sufficient climate protection measures by 2030 will be negotiated on February 1, 2024, the association announced.
Author: Susanne Harmsen
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