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DUH v. Federal Republic of Germany (Climate Protection Programme 2026) - complaint

Filing Year For Action

On May 5, 2026, Deutsche Umwelthilfe (DUH), an environmental NGO, filed a lawsuit against the Federal Republic of Germany before the Oberverwaltungsgericht Berlin-Brandenburg. DUH challenges the adequacy of the federal government's Climate Protection Programme 2026 (Klimaschutzprogramm 2026, KSP 2026). The German government adopted the KSP 2026 on March 25, 2026, pursuant to § 9 of the Federal Climate Protection Act (KSG).

DUH argues that the KSP 2026 fails to include the measures necessary to achieve Germany's legally binding greenhouse gas reduction targets of at least 65% by 2030 and at least 88% by 2040 compared to 1990 levels, as required by § 3(1) KSG, and to comply with the annual total emission budgets for the years 2031–2040 set out in Annexes 2 and 3 of the KSG.

The plaintiff contends that the KSP 2026 is unlawful for several reasons. 
First, the government based the program on outdated 2025 projection data, even though updated 2026 projection data published by the Federal Environment Agency (Umweltbundesamt) on March 14, 2026 — eleven days before the program's adoption — showed larger emission gaps, projecting only a 62.6% reduction by 2030 (against the required 65%) and approximately 80% by 2040 (against the required 88%). 
Second, the program relies on unrealistic assumptions and contains methodological deficiencies, including inconsistent emission reduction figures across different official documents and the use of key measures as "gap fillers" without plausible substantiation. 
Third, the Expert Council on Climate Issues (Expertenrat für Klimafragen), which is legally required to review the program, was unable to conduct a consistent and complete assessment because the government submitted the program in four installments with major last-minute changes affecting approximately 70% of the projected emission reduction impact. 
Fourth, a range of individual measures — including the conversion of gas power plants to green hydrogen, offshore wind cooperation projects, increased onshore wind auction volumes, circular economy targets in industry, and the agriculture protein strategy — are based on measures lacking legal underpinning, realistic financing, or technical feasibility.

This case is a continuation of DUH's broader climate litigation strategy against the German federal government. Prior rulings by the same court in May 2024 and the Federal Administrative Court (Bundesverwaltungsgericht) in January 2026 already confirmed that the government's previous climate program (KSP 2023) was unlawful and ordered it to adopt adequate supplementary measures. DUH argues the federal government has knowingly adopted another unlawful program, necessitating renewed judicial intervention.

DUH v. Federal Republic of Germany (Climate Protection Programme 2026)

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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.

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

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

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

A subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

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.

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

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.

Activities that relate to the production of goods and services from forests.

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

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

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

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

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

Kinetic energy of airflow transformed into useful energy, mostly electrical energy.

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

Production of electricity and heat from solar irradiation.

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.

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

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

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.

DUH v. Federal Republic of Germany (Climate Protection Programme 2026) - complaint

Target

Policy instrument

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Finance