The 2023 program is not enough to achieve the climate goals, according to the Federal Administrative Court. And: Environmental associations have the right to sue here.
afp/taz | The previous climate protection program of the previous federal government from 2023 is not enough. The federal government must make improvements in order to achieve the climate goals, as the Federal Administrative Court in Leipzig decided on Thursday. A new climate protection program is being planned because the federal government is legally obliged to present a new climate protection program by March 25, 2026, regardless of the current decision. It is currently unclear whether the federal government will meet this deadline.
The judgment of the Federal Administrative Court confirms a previous one Judgment of the Berlin-Brandenburg Higher Administrative Court. In May 2024, this upheld complaints from German Environmental Aid (DUH).
The Federal Administrative Court also decided that the 2023 program must be supplemented in order to reduce greenhouse gas emissions by at least 65 percent by 2030 compared to 1990. At the same time, the judges made it clear with their decision that the DUH has the right to sue to improve climate protection programs.
Emissions in Germany are expected to fall by at least 88 percent by 2040 and greenhouse gas neutrality should be achieved by 2045. The climate protection program was decided by the previous federal government in October 2023.
Consequences for future plans
“We won on all points and the President of the Federal Administrative Court gave the Federal Government a resounding slap in the face,” said DUH Federal Managing Director Jürgen Resch. The federal government must effectively close the gap in the program. The ruling is also important for future climate protection plans.
Climate protection programs show a way in which the climate goals should be achieved. To this end, measures are planned in various sectors such as energy, transport and agriculture. The basis for this is the so-called Climate Protection Act.
The climate protection program of 2023 was created under the old legal situation, i.e. the Climate Protection Act in an earlier version. Since the law was reformed in 2024, there are no longer any binding targets for the individual sectors. Lawsuits have now also been filed against this new regulation: environmental associations have therefore turned to the Federal Constitutional Court in Karlsruhe. But this has not yet made a decision; the Federal Administrative Court did not discuss this on Thursday.
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