German court rejects climate case against BMW, Mercedes
https://www.dw.com/en/german-court-rejects-climate-case-against-bmw-mercedes/a-76485571
Germany's Federal Court of Justice on Monday dismissed a bid by environmental campaigners to ban BMW and Mercedes Benz from selling new combustion engine cars beyond 2030.
The plaintiffs from Environmental Action Germany (Deutsche Umwelthilfe, or DUH) had argued that continuing to sell fossil fuel-powered vehicles after that date would violate the constitution and curb the rights of young people.
The case centered on the question of whether companies can be ordered to take such emissions-savings steps independently of government regulations.
What was argued in court?
The DUH case was brought by three of the organization's managing directors. They argued that the automakers were consuming a disproportionate share of global and national carbon dioxide budgets — the amount of emissions that can be released without breaching internationally agreed targets.
They said that by continuing to sell new combustion engine cars after November 2030, Mercedes Benz and BMW could infringe on the right to self-determination enshrined in Germany's constitution. According to the plaintiffs, using up this carbon budget by selling more vehicles would likely force governments to impose stricter emission-cutting measures, potentially limiting the freedoms of younger generations.
But the court ruled that there were no such emissions budgets for individual companies, with presiding Judge Stephan Seiters saying "the responsibility for climate protection legislation" was a matter for policymakers.
The plaintiffs' argument was built on alandmark 2021 ruling by Germany's Federal Constitutional Court, which required lawmakers to strengthen the country's climate protection law to protect future generations.
What were the reactions?
Barbara Metz, DUH executive director, said the organization would analyze the ruling in detail and would consider filing an appeal.
A lawyer for the group, Remo Klinger, said the court's decision provides "a very clear mandate for the legislature. It must take action."
Both Mercedes and BMW welcomed the ruling.
"Throughout the proceedings, we have consistently maintained the position that the debate over how to achieve climate targets must take place within the political process through democratically legitimized parliaments," BMW said, adding that the company "has long been making an effective contribution to climate protection."
The decision provides "legal certainty for companies operating in Germany," a company spokesperson added.
German carmakers have invested billions in the transition to electric vehicles in an effort to meet EU climate targets. The bloc had planned to phase out combustion engine cars by 2035, but the European Commission proposed weakening those rules late last year under strong pressure from the carmaker lobby.
Edited by. Elizabeth Schumacher
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