DUH and BUND v. Germany

Friends of the Earth Germany submitted a claim with the Higher Administrative Court Berlin-Brandenburg, for its missing emission targets for the building and transport sector. The organization argues that the sectors exceed the annual CO2 emissions considered permissible under law and are therefore required to draft an emergency program, detailing the speedy reduction of their respective emissions, and to secure the adherence to targets between the years of 2023 to 2030. On November 30, 2023, the Higher Administrative Court Berlin-Brandenburg ruled that the federal government must adopt an immediate action program (‘Sofortprogramm’) under Section 8 of the Climate Protection Act (CCA). The program is intended to ensure compliance with the annual emission targets for the building and transportation sectors for the years 2024 to 2030. At the level of the admissibility of the lawsuit, the court confirmed that environmental associations can sue for the enactment of an immediate action program under the CCA. Such a right to sue for implementing the CCA is not explicitly provided for in German procedural law. On the merits, the court found that the federal government is obliged to decide on an immediate program by exceeding permissible GHG emissions in the building and transport sectors, thereby confirming that the provisions on immediate programs in the CCA are binding, enforceable law. The defendant has filed an appeal with the German Federal Administrative Court.