Deutsche Umwelthilfe (DUH) v. Bayerische Motoren Werke AG (BMW)
Jurisdiction: Regional Court of Munich
Principle law(s): Federal Climate Protection Act and to change further regulations ("Bundesklimaschutzgesetz” or “KSG")
Side A: Deutsche Umwelthilfe (DUH) (Ngo)
Side B: Bayerische Motoren Werke AG (BMW) (Corporation)
Core objectives: Whether BMW is infringing the right to climate protection by not achieving carbon neutrality in internal combustion engine cars.
SummaryOn September 20, 2021, the German environmental organization Deutsche Umwelthilfe (DUH) filed an action against BMW for refusing to tighten their carbon emissions target and give up fossil fuel-emitting cars by 2030. DUH argues that the automaker is violating the fundamental right to climate protection and impinging on the rights and freedoms of future generations by not adhering to a “fair” carbon budget. The claim is grounded on the Paris Agreement and the German Climate Protection Act. The plaintiff relies on the earlier decision by the Federal Constitutional Court (BVerfG) on the Climate Change Act, noting the fact that Germany has a limited total emissions budget of CO2 emissions at its disposal (Neubauer v. Germany).
Related laws and policies
Federal Climate Protection Act and to change further regulations ("Bundesklimaschutzgesetz” or “KSG")
The purpose of this law is to ensure that national climate protection targets are met and European targets are met. It is also intended to support Germany's commitment at the UN climate summit in New York on September 23, 2019 to pursue greenhouse gas neutrality as a long-term goal by 2050. It wa...