BERLIN: Germany’s Federal Court of Justice (BGH) is set to hear two climate lawsuits against carmakers BMW and Mercedes-Benz on Monday morning, German Press Agency (dpa) reported.
The German Environmental Aid Association (DUH), an environmental advocacy group, is seeking a ruling that would prevent the automakers from selling new vehicles with polluting combustion engines from 2030 onwards. The key legal question is whether companies can be required to take such measures independently of government regulations.
The three DUH executives argue that, by consuming too large a share of the global and national CO2 budget, BMW and Mercedes are limiting the scope for political action.
They argue that this, in turn, would necessitate far-reaching CO2 reduction measures in the future, which would further restrict their personal freedoms.
The argument is based on the landmark 2021 climate protection ruling by Germany’s Federal Constitutional Court, which at the time demanded that lawmakers improve the Climate Protection Act.
While the 2021 case focused on the state’s obligations, the current lawsuits question whether major emitters like BMW and Mercedes can also be held legally accountable in court.
Previous cases in Munich and Stuttgart courts had ruled against the environmental group. It was not initially clear whether the BGH would issue a ruling on Monday.
— BERNAMA-dpa
