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Higher Administrative Court BB: Transport policy insufficient - Immediate action program needed
The Higher Administrative Court of Berlin-Brandenburg has ruled in favor of the lawsuits filed by Deutsche Umwelthilfe and the BUND, condemning the federal government to adopt an immediate action program under § 8 of the Climate Protection Act. This is intended to ensure compliance with the annual emission levels specified in the Climate Protection Act for the building and transport sectors from 2024 to 2030. The court pointed out that according to calculations by the Federal Environment Agency, permitted annual emission levels had been exceeded for the transport and building sectors in 2021 and 2022. In the event of an exceedance of the permitted annual emission level for a sector, § 8 of the Climate Protection Act requires the responsible federal ministry to present an immediate action program to the federal government, which ensures compliance with the annual emission levels of the respective sector for the following years, the court further stated.
The federal government is then to discuss and decide upon the measures to be taken within the affected sector or in other sectors, or about cross-sectoral measures "as quickly as possible," the court outlined. After the federal ministries responsible for the sectors presented such immediate action programs in July 2022, a decision by the federal government on these programs did not follow. The federal government then adopted the Climate Protection Program 2023 on October 4, 2023.
An Immediate Action Program is not the Climate Protection Act
The 11th Senate has now established that the federal government is obligated to make a decision on an immediate action program under § 8 of the Climate Protection Act due to the established exceedances of permissible greenhouse gas emissions in the building and transport sectors. According to the Senate, the newly adopted Climate Protection Program 2023 does not meet the requirements of an immediate action program. It reviews, based on a cross-sectoral and multi-year overall calculation different from previous ones and pushed by the FDP, whether the climate protection targets by 2030 will be achieved, making it more of a medium- to long-term instrument.
An immediate program, in contrast, must include short-term effective measures that ensure compliance with the annual emission quantities specified in the Climate Protection Act for the following years in the respective sector. In all proceedings, the revision to the Federal Administrative Court was allowed. It was also clarified that, contrary to the Federal Government's claims, the environmental organizations' complaints are justified and admissible.
"This is a very clear call not to resort to further sleight of hand to avoid measures now," commented DUH Managing Director Jürgen Resch on the ruling.
Now all measures that are reasonable and do not cost or even generate money must be taken. This renewed the demand for the introduction of a speed limit on highways, the reduction of climate-damaging subsidies, and a rehabilitation program for public buildings.
Translated automatically from German."With this jurisprudence, we are giving the Federal Government under the self-proclaimed 'climate chancellor' Scholz a hefty slap in the face. Instead of finally taking effective climate protection measures, the government intends to undermine the Climate Protection Act. After this slap by the court, it remains to be seen if they still dare to do so," commented the Nature Conservation Union on the ruling.
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