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- DUH v. Federal Government
DUH v. Federal Government
About this case
Filing year
2023
Status
Pending
Geography
Court/admin entity
Germany → Berlin → Administrative CourtGermany → Federal Administrative Court
Case category
Suits against governments → GHG emissions reduction and trading → Other
Principal law
Germany → Administrative LawGermany → Baden-Württemberg Climate Protection Act (KSG BW)
At issue
Whether the federal government's climate protection program satisfies its statutory obligations under the Climate Protection Act by containing sufficiently concrete and effective measures to achieve the legally binding emissions reduction targets for 2030 and 2040.
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Documents
Filing Date
Document
Type
Topics
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Summary
In May 2024, the Higher Administrative Court of Berlin-Brandenburg ruled that the federal government’s climate protection program violated the law because it was insufficient to meet the binding climate targets established under the Climate Protection Act. The ruling was obtained through a lawsuit filed by Deutsche Umwelthilfe (DUH), which argued that the program lacked sufficiently concrete and effective measures to achieve the legally mandated emissions reduction targets. The federal government appealed this decision to the Federal Administrative Court in Leipzig.
On October 22, 2025, the Federal Administrative Court scheduled a hearing for January 29, 2026, to decide the federal government’s appeal in final instance. DUH maintains that the federal government has still not presented a program capable of achieving the legally mandated climate targets for 2030 and 2040, arguing that the government must specifically identify which measures will reduce CO2 emissions and by what amount. The organization contends that vague declarations of intent and measures with unclear climate benefits are inadequate to fulfill statutory obligations. The federal government is currently negotiating a new climate protection program that must be adopted by March 2026 at the latest, and any judgment from the Federal Administrative Court would directly influence the formulation of this program.
The main legal question is whether the federal government's climate protection program satisfies its statutory obligations under the Climate Protection Act by containing sufficiently concrete and effective measures to achieve the legally binding emissions reduction targets for 2030 and 2040.
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Group
Topics
Target
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Fossil fuel
Greenhouse gas
Economic sector
Adaptation/resilience