KARLSRUHE (dpa-AFX) - On Monday (11 a.m.), the Federal Court of Justice (BGH) will address two climate lawsuits filed against BMW and Mercedes-Benz. The German Environmental Aid (DUH) is seeking a ruling from Germany's highest civil court to prohibit the automakers from selling new cars with climate-damaging combustion engines starting in 2030. The central question is whether companies can be compelled to take such measures, even in the absence of explicit government regulations.
The three DUH managing directors bringing the suit cite their general right to personality, enshrined in the German Basic Law. They argue that by consuming a disproportionately large share of the global and national CO2 budget, BMW and Mercedes are limiting the scope for political action. As a result, more drastic measures to reduce CO2 would be required later, which would in turn restrict their own freedoms.
Are companies also responsible?
The argument is based on the landmark climate protection ruling by the Federal Constitutional Court in 2021. At that time, the court called on lawmakers to improve the climate protection law. The plaintiffs, some of whom were very young, were found to have their freedoms infringed by the regulations. The court stated: "The provisions irreversibly shift heavy emission reduction burdens to periods after 2030."
Back then, the issue was the state's obligation; today, the question is whether major emitters like BMW and Mercedes can also be held accountable in court. In earlier cases in Munich and Stuttgart, the climate lawsuits against the automakers were unsuccessful. It remains unclear whether the BGH will announce a verdict on Monday. (Case numbers: VI ZR 334/23 and VI ZR 365/23)/jml/DP/he
