German government faces setback in climate court case ahead of COP28 summit

In a significant blow to the German government, a Berlin court ruled against them on Thursday in a pivotal climate case presented by environmental groups. The court mandated the government to implement an “immediate action programme” as a response to its failure in achieving climate goals within the transport and building sectors.

The Deutsche Umwelthilfe and BUND environmentalist groups accused the government of insufficient efforts to address emissions targets, emphasizing a shortfall in the transport and building sectors in 2021 and 2022.

Reports indicate that in 2021, the transport sector exceeded its CO2 emissions target by 3.1 million tonnes, while the building sector surpassed its goal by 2.5 million tonnes. Despite officials presenting an emissions reduction roadmap in July 2022, the government did not make decisions on these proposed programs. Although a Climate Action Programme was adopted in October 2023, the court deemed it inadequate for an immediate action response.

This latest ruling adds further strain to Chancellor Olaf Scholz’s coalition government, already grappling with meeting climate pledges amid a recent budget crisis. Notably, on November 15, Germany’s Constitutional Court found the government in violation for reallocating 60 billion euros from a pandemic-focused fund to a “climate and transformation fund,” resulting in a substantial reduction in the climate fund’s value.

Stefanie Langkamp, a spokesperson for the Climate Alliance Germany network, characterized the verdict as a “severe reprimand,” emphasizing the international embarrassment and damage caused by the government’s non-compliance with its own climate laws. Antje von Broock of the BUND group expressed relief at the ruling, urging the government to develop, present, and adopt binding immediate programs, particularly in the transport and construction sectors.

This latest legal setback follows a pattern of environmental groups taking legal action in Germany to compel the government to take more decisive action against climate change.

The Constitutional Court’s 2021 ruling highlighted inadequacies in the government’s climate plans, prompting adjustments to emission reduction timelines and an earlier commitment to carbon neutrality by 2045. However, recent data from the energy think tank Agora Energiewende reveals that Germany fell short of its 2022 total CO2 reduction goal by approximately five million tonnes.