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 (GG). 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 of the European Convention on Human Rights, which requires Paris-aligned targets, credible pathways, and effective enforcement—elements the new KSG allegedly fails to provide.

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.

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

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

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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

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

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

Removing subsidies can help reduce costs, better align economic incentives with environmental goals, and promote equity. This can mitigate environmental harm and discourage harmful behaviour. However, it may also end support for renewable energy development or negatively impact communities, households, and businesses.

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

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.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

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.

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

Dedicated pool of financial resources for climate-related projects.

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 or measures to adapt terrestrial systems to climate change.

Actions or measures to adapt freshwater systems to climate change.

Actions or measures to adapt freshwater, coastal and marine systems 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.

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

Agriculture mitigation refers to practices used to mitigate greenhouse gas emissions at every level of the agrifood systems, from production to consumption.

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.

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.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

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.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

woman and genders outside of the gender binary

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 the wholesale and retail selling of goods.

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 provides communication services, software development, and IT solutions.

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

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

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

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

This sector involves the distribution, treatment, and conservation of water resources.

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.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

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

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance