Neubauer, et al. v. Germany

In 2020 nine young people, Greenpeace Germany, Germanwatch, and Protect the Planet filed a constitutional complain challenging Germany's newly adopted Climate Action Law. They argue that the Act's target of a 55% greenhouse gas reduction by 2030 (compared with 1990 levels) is inadequate and violates their constitutionally protected human rights. They instead call for a 70% reduction. The case was inspired by the Urgenda case.

In April 2021, Germany's highest court ruled that the government's climate policies are insufficient and violate the freedoms of the complainants. The court ordered the German government to specify how emissions reductions will occur for periods after 2030.

Background
Germany's first major national climate law entered into force in December 2019. . The law was enacted to bring Germany into accordance with the Paris Agreement goal of limiting global warming to well below 2°C and possibly to 1.5°C. The set specific annual emissions budgets for 2020-2030, with a goal to ultimately reduce emissions by 55% compared to 1990 levels by 2030. The law also set a longer term goal of greenhouse gas neutrality by 2050.

Relevant Law and Principles

 * Basic Law
 * Article 1 (Human dignity)
 * Article 2 (Right to Life)
 * Article 20a (protects he natural foundations of life in responsibility for future generations)
 * Paris Agreement

Links

 * Sabin Center Database
 * Grantham Research Institute
 * Germanwatch case summary