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The Climate Litigation Database

Climate Activists v. Government of Heinsberg

Geography
Year
2022
Document Type
Litigation

About this case

Filing year
2022
Status
pending
Court/admin entity
GermanyNorth Rhine-WestphaliaHigher Administrative Court of North Rhine-Westphalia
Case category
Principal law
Germany
At issue
The legality of a legal order prohibiting the entry of hamlet, which is to be cleared for lignite mining purposes.
Topics
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Documents

Summary

Climate activists challenged the ban on exclusionary orders in Lützerath in summary proceedings. Lützerath was previously at the center of large climate protests, as the hamlet is to be cleared for lignite mining. Activists had lived in the abandoned buildings for months. The court held that the unauthorised stay of persons in the areas in question and without authorisation by RWE Power AG was illegal under civil law, representing a danger to public safety. The Higher Administrative Court upheld the decision of the lower court which had found that entering Lützerath could not be justified on grounds of civil disobedience necessitated by the climate emergency.

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Group
Topics
Policy instrument
Economic sector
Finance