Climate protection law in transport and construction: Federal government condemned

Germany has failed to meet its climate targets in the transport and building sectors in recent years. Now the Berlin-Brandenburg Higher Administrative Court has ruled that the government’s climate protection policy is unlawful in several respects. Read more about the planned immediate action program for the Climate Protection Act here.

According to the Higher Administrative Court of Berlin-Brandenburg, the German government’s climate protection policy is flawed and even unlawful in some respects. The court therefore ordered the coalition government to implement an immediate climate protection program for more climate protection in the areas of transport and buildings. This is the result of legal action by Deutsche Umwelthilfe (DUH) and the environmental association BUND, which the court upheld with its ruling. In response, the German government has announced a review of the ruling.

The law in question is Germany’s climate protection law. It prescribes annual targets for each sector that contribute to the reduction of harmful greenhouse gases. This is Germany’s way of fulfilling its obligations under the Paris Agreement on climate protection. According to the law, the responsible ministry must take countermeasures with an immediate program if the climate targets in a sector are not met.

In the transport and buildings sectors, the German government violated the requirements of the Climate Protection Act in both 2021 and 2022. In order to safely achieve the climate targets for the years 2024 to 2030, the federal government must now take additional measures to counteract this. However, Transport Minister Volker Wissing of the FDP rejected an immediate program. Construction Minister Klara Geywitz’s (SPD) program for the construction sector was also not adopted by the federal government, with the argument that a new climate protection law was planned.

In October 2023, the federal government amended the climate protection program in response to high emission levels. However, according to the court, this is a medium to long-term instrument. An immediate program covering the next few years is now necessary. The federal government argued that the action was not admissible, but the court rejected this. Nevertheless, Transport Minister Wissing plans to appeal against the ruling. He justified this by arguing that the federal government had met its climate protection targets last year.

The planned amendment to the Climate Protection Act provides for the so-called sectoral approach to be removed. This would remove the relevance of the ruling. It could be six to twelve months before the Federal Administrative Court deals with the complaint in the next instance. If the new Climate Protection Act comes into force by then, the basis for the ruling would be removed.

Despite the federal government’s reaction, the plaintiffs were satisfied with the ruling. BUND’s managing director, for example, called for immediate action, such as a speed limit. She said that the court had backed climate protection. Other immediate measures for climate protection legislation in the transport sector could include, for example, the abolition of company car privileges and an end to tax benefits for diesel and kerosene. In the buildings sector, clear guidelines are needed for the energy modernization of buildings.

The Bündnis 90/ Die Grünen party also welcomed the court’s decision. According to party leader Ricarda Lang, the course has already been set to make up for the Grand Coalition’s climate backlog. Nevertheless, much remains to be done. The ruling encourages the party to find ways to make the necessary investments in climate protection and competitiveness. According to the Greens, secure financing for projects in the climate and transformation fund is particularly important and could take the form of a legally restructured special climate protection fund, for example.

The decision was made right at the start of the COP28 international climate conference in Dubai, which began on November 30 and will last until December 12. Vice Chancellor Robert Habeck had originally planned to attend the climate conference, but canceled his participation due to the budget crisis. The austerity measures prescribed by the Karlsruhe Constitutional Court regarding the Climate Protection Act will also have an impact on the climate fund. After the court annulled the reallocation of 60 billion euros from the 2021 budget, originally a coronavirus loan, to the Climate and Transformation Fund, there are now all the more unanswered questions.

It is also unclear how and from which pot the required immediate measures will be financed. The next few months will show whether the government can be forced to act by a court ruling or whether the Climate Protection Act will be amended first.

What is certain, however, is that the climate targets themselves will remain in place. According to the Climate Protection Act, greenhouse gases in Germany must be reduced by 65% by 2030 compared to 1990 levels. In 2022, a reduction of around 40 percent was achieved. This means that a further 25 percent reduction must be achieved in the next seven years. So instead of trying to avoid the immediate measures as part of a controversial amendment to the law, it would make sense to focus more energy on implementing climate protection measures.

Read more: The German Institute of Urban Affairs carried out an analysis of climate protection in Germany on behalf of KfW and found that local authorities need to invest more.