Environmental activists wanted to ban companies from selling cars with combustion engines after 2030. They argued that further emission of large amounts of carbon dioxide may violate the rights of future generations, writes dw.com.
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Failure of environmentalists. The court agreed with the corporations
Plaintiffs from the German environmental protection organization Deutsche Umwelthilfe (DUH) argued that continued sales of fossil fuel vehicles after 2030 would violate the constitution and limit the rights of younger generations.
At the heart of the dispute is the question of whether companies can be ordered to take action to reduce emissions regardless of government regulations.
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Dispute over combustion engines in Germany
The DUH case was brought by three of the organization's managing directors. They argued that automakers consume a disproportionate share of global and domestic carbon budgets.
They said that by continuing to sell new cars with combustion engines after November 2030, Mercedes-Benz and BMW could violate the right to self-determination enshrined in the German constitution.
According to the plaintiffs, tapping into the carbon budget by selling more vehicles would likely force governments to introduce more stringent emissions reduction measures, potentially limiting the freedoms of future generations.
See also: Ecological EU regulations. Poland wants them delayed
A court in Germany rejected a climate lawsuit against BMW and Mercedes
However, the court ruled that there are no emissions budgets for individual companies and said that “responsibility for climate protection regulations” lies with policymakers.
The plaintiffs' argument was based on a landmark 2021 ruling by Germany's Federal Constitutional Court, which obliged lawmakers to strengthen the country's climate protection law. The Climate Protection Act was then found to be partially unconstitutional because it placed a disproportionate burden on younger generations to reduce emissions after 2030.
Both Mercedes and BMW welcomed the ruling. “Throughout the proceedings, we have consistently maintained our position that the debate on how to achieve climate goals must take place within the political process, through democratically legitimate parliaments,” BMW said, quoted by dw.com.
The decision provides “legal certainty for companies operating in Germany,” a company spokesman added.
German carmakers have invested billions in the switch to electric vehicles to meet EU climate targets. The EU planned to phase out cars with combustion engines by 2035, but the European Commission proposed at the end of last year to relax these rules under strong pressure from the car manufacturers' lobby.
Source: dw.com
