A Lawsuit Against BMW And Mercedes By Environmental Activist Has Been Dismissed By A German Court

A German federal court has dismissed a lawsuit filed by German environmental NGO Deutsche Umwelthilfe (DUH) against car companies BMW and Mercedes-Benz, seeking a ban on the sale of new internal combustion vehicles after 2030.

DUH’s lawsuit was based on a landmark 2021 ruling by the German Constitutional Court that states have a duty to protect future generations from the effects of climate change. The lawsuit sought to extend this principle to companies.

In the lawsuit, the organization demanded that fossil fuel cars be phased out by 2030—five years earlier than the EU plan, which was softened last year after intense lobbying by automakers.

However, the German Supreme Court for Civil and Criminal Matters in Karlsruhe rejected the NGO’s arguments in its ruling, finding that the defendants’ business activities did not affect the personal rights of citizens.

“Individuals cannot require car manufacturers not to place passenger cars with internal combustion engines on the market before the deadlines set by the European Union,” the court said.

In doing so, it upheld the rulings of lower courts in Munich and Stuttgart.

After a hearing three weeks ago, Mercedes said setting legal requirements for climate targets was a matter for the legislature, not the courts. A BMW spokesman also stressed that the debate on how to achieve climate targets should take place in parliament, not in a courtroom.

DUH National Director Barbara Metz announced that she would review the federal court’s ruling and then decide whether to file an appeal with the Federal Constitutional Court.

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