On September 20, 2021, environmental organization Deutsche Umwelthilfe (DUH; Environmental Action Germany) filed an action against Mercedes-Benz in the Regional Court of Stuttgart for not yet having clearly and irreversibly committed to phase out the sale of passenger cars with internal combustion engines (ICE) by 2030. DUH argues that by failing to do so, the automaker is violating the fundamental right to climate protection and impinging upon the rights and freedoms of future generations, as phase out would be necessary for the company to adhere to its allocated carbon budget. The claim is grounded in the Paris Agreement and German Tort Law. The plaintiff relies on the earlier decision by the Federal Constitutional Court (BVerfG) on the German Climate Protection Act, where the Court accepted that Germany has a limited total CO2 emissions budget remaining at its disposal (<a href="https://climatecasechart.com/non-us-case/neubauer-et-al-v-germany/">Neubauer v. Germany</a>). The action filed against Mercedes-Benz is one of the first civil proceedings based on this decision.

DUH asks the court to hold that, (i) unless Mercedes-Benz can prove GHG neutrality for Scope 3 CO2 emissions resulting from the intended use of their ICE passenger cars, after October 31, 2030, Mercedes-Benz is obliged to refrain from placing ICE passenger cars on the market; and (ii) unless Mercedes-Benz can prove GHG neutrality for Scope 3 CO2 emissions globally exceeding 511 million tons resulting from the intended use of ICE passenger cars (based on an average mileage of 200,000 km), between January 1, 2022 and October 31, 2030 Mercedes-Benz is obliged to refrain from placing ICE passenger cars on the global market. Alternatively, DUH asks the court to order Mercedes-Benz to stop placing new ICE passenger cars on the German market after October 31, 2030, unless Mercedes-Benz can prove GHG neutrality for the intended use of said cars. The requested ban on producing new ICE cars would take effect earlier than the 2035 effective ban proposed by the EU in July 2021. 

On September 13, 2022, the Regional Court of Stuttgart dismissed the case, on the grounds that it is up to the legislator to decide the appropriate measures to protect the climate. The court went on to state that this could not be preempted by an individual action before a civil court. DUH has announced that it will appeal this decision before the Higher Regional Court of Stuttgart. 

It held that the DUH could not rely on a “quasi-negatory” claim by analogy to Sections 12, 862 and 1004 of the German Civil Code, as such a remedy presupposes that conduct which is lawful in itself nonetheless gives rise to an unlawful situation. The marketing of new internal combustion engine vehicles did not meet that threshold.

The court further explained that any unlawfulness could arise, if at all, only through the indirect horizontal effect of fundamental rights. However, the reach of fundamental rights in relations between private parties cannot exceed the scope of the State’s own constitutional obligations. The DUH had not demonstrated that the State is required, under fundamental rights law, to prohibit Mercedes-Benz Group AG from selling combustion engine vehicles by 2030. To the contrary, the legislature was found to have acted within its constitutional responsibilities to curb greenhouse gas emissions, in particular through the EU climate policy framework Fit for 55, which mandates that, from 2035 onwards, no new vehicles may be registered in the EU if their operation entails greenhouse gas emissions. Against this background, the court saw no basis for concluding that continued sales until the end of 2034 would, in themselves, constitute a violation of the DUH’s fundamental rights.

In October 2025, the Federal Court of Justice, Germany’s highest civil court, granted leave to appeal on points of law. This step opens the door for a landmark examination of whether and to what extent automobile manufacturers can be held civilly liable for climate-related harm linked to their products.

The case brought by Deutsche Umwelthilfe (DUH) against Mercedes-Benz AG was appealed to the Federal Court of Justice (Bundesgerichtshof), which has now issued its decision and dismissed the appeal, thereby upholding the lower courts’ rulings.

On March 23, 2026, the Sixth Civil Panel of the Federal Court of Justice (Bundesgerichtshof) issued judgments in cases VI ZR 334/23 and VI ZR 365/23, holding that private individuals lack a legal basis to compel automobile manufacturers to phase out internal combustion engine vehicles prior to the timeline established under applicable European Union law. The court affirmed lower court decisions dismissing the claims.

The plaintiffs, executive directors of Deutsche Umwelthilfe, brought actions against major automobile manufacturers, including Bayerische Motoren Werke AG (BMW) and Mercedes-Benz AG. The defendants were undisputedly in compliance with all applicable statutory climate regulations.

Plaintiffs argued that, based on the German Federal Constitutional Court’s climate decision, private corporations must adhere to a limited CO₂ “budget” derived from the Paris Agreement. They contended that excessive emissions by the defendants would indirectly infringe their fundamental rights—particularly the intertemporal dimension of the general right of personality under Article 2 of the Basic Law—by necessitating stricter future climate measures that could constrain their freedoms.

The plaintiffs sought injunctive relief to prohibit the defendants from marketing combustion-engine vehicles after October 31, 2030, and, under certain emissions thresholds, even earlier.

Regional Courts and Higher Regional Courts dismissed the claims. The plaintiffs’ appeals on points of law were likewise rejected.

The Federal Court of Justice held that the plaintiffs are not entitled to injunctive relief. No actionable interference with a protected right was established.

First, the court found no present or anticipatory violation of the plaintiffs’ general right of personality. The alleged “advance interference” theory failed because no legally binding, actor-specific CO₂ budget exists. While general emission limits can be derived from international and national frameworks, these do not impose individualized obligations on specific private entities or sectors.

Second, the court distinguished the case from the Federal Constitutional Court’s prior climate ruling, emphasizing that responsibility for allocating emission reductions lies with the legislature, not private actors.

Third, the court rejected tort liability. Any future restrictive climate legislation cannot be legally attributed to the defendants’ conduct. The manufacturers operate within the framework established by EU law—specifically Regulation (EU) 2019/631, as amended—which sets binding emissions targets and timelines, including a full phase-out target for new passenger car emissions by 2035. Compliance with this regulatory regime precludes additional judicially imposed obligations.

Finally, the court underscored the constitutional separation of powers. The balancing of climate protection against economic, social, and individual interests—particularly under Article 20a of the Basic Law—is a matter for the legislature, which retains broad discretion. Courts are not authorized to derive specific emission limits or reduction pathways from open-ended constitutional provisions.

The ruling confirms that there is no judicially enforceable right to an accelerated phase-out of combustion-engine vehicles beyond the timelines set by EU legislation. Responsibility for determining and implementing climate policy measures remains with the legislative branch.

Deutsche Umwelthilfe (DUH) v. Mercedes-Benz AG

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Deutsche Umwelthilfe (DUH) v. Mercedes-Benz AG - petition

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Actions to adapt human health, healthcare systems and well-being to climate change.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Replacing technologies that burn fossil fuels directly with alternatives powered by electricity.

Actions to reduce emissions in energy generation and supply.

Investment in electricity transmission and distribution systems capable of integrating renewable energy, supporting electrification and strengthening energy system resilience.

Technologies that capture and hold energy in reserve for later use.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Electrical energy generated from mechanical devices driven by flowing fresh water.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

The activities of industries that transforms raw materials into finished goods through industrial processes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves activities to move goods and people, alongside the storage of products.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

The cryosphere is the frozen part of the Earth—it includes sea ice, glaciers, snow, and ice sheets. It helps regulate the climate and weather by reflecting sunlight. Rising temperatures are causing melting, leading to sea ice loss, glacier collapse, and glacier landslides and avalanches. This threatens the livelihoods of around 700 million people who rely on the cryosphere for food, water security, and cultural practices.

Deutsche Umwelthilfe (DUH) v. Mercedes-Benz AG - petition

Target

Policy instrument

Risk

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance