Germany’s Federal Court of Justice has dismissed a climate lawsuit brought by Deutsche Umwelthilfe (DUH) against BMW and Mercedes-Benz, ruling that carmakers cannot be legally compelled to end sales of combustion-engine vehicles before existing regulatory deadlines.
The decision marks the final stage of a legal effort launched in 2021, when DUH and Greenpeace sought to force automakers to align more closely with climate targets. While Greenpeace pursued claims against Volkswagen Group, DUH focused on BMW and Mercedes-Benz.
The lawsuits had already been rejected by lower courts in Munich and Stuttgart. The Federal Court of Justice, acting as the final instance, upheld those rulings and dismissed DUH’s appeals.
The court said “private individuals cannot demand that motor vehicle manufacturers cease to place on the market passenger cars with combustion engines before the deadline set by the EU Regulation setting CO2 emission standards for passenger cars.”
It added that responsibility for climate policy rests with lawmakers rather than the judiciary. “The responsibility for any possible necessity for future climate legislation lies with the legislator,” the court said, noting that balancing climate protection with economic and social interests requires political decision-making.
In its reasoning, the court further stated: “The negotiation of this complex balance of competing ecological, social, societal, economic, fiscal and other political collective and individual interests… requires difficult decisions involving balancing and allocation.”
Barbara Metz said the organisation is reviewing the ruling and considering further legal options. The group may take the case to the Federal Constitutional Court.
The legal challenge was partly based on the landmark 2021 climate ruling by the Federal Constitutional Court, which found Germany’s climate law insufficient and required stronger action. However, the latest judgment clarifies that setting specific emissions limits for industries remains within the remit of legislators, not the courts.
Source: Spiegel, Handelsblatt
