complaint

Greenpeace e.V. and Germanwatch e.V. v. Germany (Challenge on amended Federal Climate Protection Act) - complaint

Litigation

Sabin

Sabin Litigation

Filing Year For Action

In 2024, Greenpeace Germany, Germanwatch, several of the Neubauer youth complainants, and over 50,000 supporters filed a new constitutional complaint challenging Germany’s amended Federal Climate Protection Act (Klimaschutzgesetz – KSG). They argue that, despite the Federal Constitutional Court’s landmark climate ruling of March 24, 2021 and the European Court of Human Rights’ April 2024 confirmation of robust legislative climate duties, the 2024 KSG violates their fundamental rights.

The complaint targets the Second Act Amending the KSG, in force since July 17, 2024. The amendment replaces binding, sector-specific annual emissions caps and mandatory “immediate action” programs with a cross-sector, multi-year control system based on projections of cumulative emissions for 2021–2030 (and later 2031–2040). Corrective action is triggered only if those aggregate totals are projected to be exceeded. There is no meaningful steering for the period after 2030 and no mechanism at all after 2040. According to the complainants, this framework delays mitigation and structurally shifts reduction burdens onto future generations.

They further argue that the KSG allows total emissions that exceed Germany’s remaining Paris-compatible CO₂ budget under Article 20a of the Basic Law. The German Advisory Council on the Environment estimates that the 1.75°C-based budget of 3.9 Gt CO₂ would be exhausted by 2033 under current law, and that the 1.5°C budget is already spent. Even these insufficient targets are unlikely to be met, as recent emissions reductions stem mostly from economic slowdown rather than structural climate policy. The Council of Experts on Climate Issues projects continued shortfalls, including in meeting EU Effort Sharing Regulation obligations.

Based on the Federal Constitutional Court’s climate jurisprudence, the complaint alleges that Germany must adopt a Paris-compatible emissions pathway, initiate reductions early enough to avoid a future “emergency brake,” and distribute mitigation burdens fairly across generations. The complainants contend that the 2024 KSG violates the climate protection mandate in Article 20a GG, the intertemporal protection of liberty under Article 2(1) GG in conjunction with Article 20a, and state duties to protect life and health under Article 2(2) GG. They also invoke the European Court of Human Rights’ interpretation of Article 8 ECHR, which requires Paris-aligned targets, credible pathways, and effective enforcement—elements the new KSG allegedly fails to provide.

Procedural Update:
In August 2025, the Federal Constitutional Court invited the federal government, several ministries, and expert bodies to submit observations. The German Advisory Council on the Environment has already provided its opinion. A decision from the Federal Constitutional Court is expected in 2026.