GERMANY Law and Practice Contributed by: Friedrich Gebert, Hannah Düwel, Bernhard Gröhe and Clara Schmidt, ARQIS Partnerschaftsgesellschaft mbB
2.6 Climate Litigation Climate change-related litigation has become a sig - nificant and evolving feature of the national climate change legal landscape in Germany. Over the past decade, and especially following the landmark rul - ing of the Federal Constitutional Court in 2021, cli - mate litigation has increasingly been used as a tool to shape and accelerate national climate policy, hold the government accountable for inadequate action, and define the scope of fundamental rights in the context of climate protection. The most prominent litigants are typically non-gov - ernmental organisations (NGOs) such as Greenpeace, Germanwatch, Fridays for Future, ClientEarth, and Deutsche Umwelthilfe, often acting in co-operation with private individuals – especially young people – who claim their future rights and freedoms are at risk due to insufficient climate action. Strategic climate liti - gation in Germany is largely based on individual rights and focuses on the government’s obligations under both national constitutional law and international agreements such as the Paris Agreement. The central causa in such litigation is the claim that public authorities failed to adopt or implement effec - tive climate protection measures. Plaintiffs often argue that this failure violates constitutional rights, particu - larly the fundamental rights to life and physical integ - rity (Article 2, GG), property (Article 14, GG), and the principle of intergenerational equity. Beyond constitutional challenges, courts have also been venues for lawsuits against government per - mits for infrastructure projects (eg, highways, airports, and coal power plants) or against corporate actors for their contributions to climate change. One nota - ble case in civil (and transnational) climate litigation is Saúl v RWE . A Peruvian farmer sued the German energy supply group RWE in German civil courts for compensation under tort law for contributing to the melting of Andean glaciers. While Saúl lost the case on 28 May 2025, because there was insufficient threat of impairment to his property due to effects of climate change, this case nevertheless sets a precedent. The Higher Regional Court of Hamm ( Oberlandesgericht Hamm ) held that emitters may, in general, be held liable under German civil law for consequences of
climate change. This decision of the Higher Regional Court of Hamm has given new momentum to climate litigation: in January 2026, 39 Pakistani farmers filed a lawsuit for damages once again against RWE and against a building materials manufacturer before the Regional Court of Heidelberg, seeking compensation for environmental damage that has occurred on their land. This wave of litigation serves multiple purposes: to enforce or expand legal obligations for emissions reductions, to push for greater transparency and accountability, to clarify the legal responsibilities of states and corporations, and to empower citizens to claim climate justice. The judiciary has increasingly accepted the premise that climate protection is not merely a political goal, but a legally enforceable obli - gation and right. In summary, climate litigation in Germany is not only growing in volume but is substantively shaping the legal contours of national climate policy. It plays a critical role in operationalising constitutional envi - ronmental rights, enforcing compliance with climate laws, and stimulating legislative reforms. As climate science, legal doctrine, and public concern evolve, this trend is likely to intensify and diversify in both form and impact. 3. Responses to International Developments 3.1 Voluntary Carbon Markets Participation in the Voluntary Carbon Market The German jurisdiction does permit participation in the voluntary carbon market for companies, other organisations or individuals whose emissions do not fall under the scope of the EU Emissions Trading Sys - tem. Regulation of the Voluntary Carbon Market Voluntary Carbon Markets are still unregulated in Germany. The federal government demands that these markets shall work in accordance with the standards set out in Article 6 of the Paris Agreement. From the federal government’s perspective, certain fundamental principles must be observed, in particu -
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