Germany

Otis Hoffman, et al. v. State of Mecklenburg-Vorpommern

Jurisdiction: Federal Constitutional Court


Principle law(s): Federal Climate Protection Act and to change further regulations ("Bundesklimaschutzgesetz” or “KSG")


Side A: Otis Hoffman, Camille Marie Damm, Hannes Damm, and two children (Individual)


Side B: State of Mecklenburg-Vorpommern (Government)


Core objectives:

The lack of a climate protection law in the State of Mecklenburg-Vorpommern.


Summary
On September 9, 2021, Otis Hoffman, Camille Marie Damm, Hannes Damm, and two children brought a claim against the state of Mecklenburg-Vorpommern, arguing that the state’s failure to adopt a climate law violated plaintiffs’ constitutional rights. The plaintiffs rely on the Paris Agreement and the German Constitution to demand that the state legislature sets a pathway to reducing greenhouse gas emissions to comply with the remaining CO2 budget to achieve carbon neutrality (calculated and distributed over the remaining period until the 1.5oC target is achieved), especially considering the Federal Climate Protection Act, and the goal of achieving climate neutrality by 2045. The temperature targets are informed by the Paris Agreement. In June 2021, a climate bill was introduced to the state parliament. The bill was rejected in April 2021.

Consistent with the German TKTK court’s decision in (Neubauer v. Germany), the German national government has adjusted its climate goals. Plaintiffs argue that codification is also required at the state level, as states bear the co-responsibility for protecting lives and civil liberties, including safeguarding the natural foundations of life for future generations, within their own sphere of competence. The lack of legislation at the state level is unconstitutional given that the state has failed to protect citizens against climate change. The plaintiffs argue they have a fundamental right to defend themselves against the considerable future restrictions of freedom which – in view of rapidly progressing climate change – are to be seen as inevitable and already inherent in the omitted action of the legislature of the State of of Mecklenburg-Vorpommern.
Case documents

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