Neubauer et al v. Germany

Enforcement of the Decision and Outcomes

The court unanimously held that the KSG is partially unconstitutional, as it fails to protect future generations from future infringements of rights. The Court ordered the legislature to amend the KSG by the end of 2022. Specifically, it ordered the German government to correct and tighten up the climate act provisions to strengthen future mitigation pathways with specific provisions for reducing greenhouse gas emissions by 2% or 1.5%. 

The German government complied with the court’s judgment, enhancing the climate protection policy and raising its GHG emissions reduction targets. Amendments to the KSG now include a 64% reduction of GHG emissions by 2030; an 88% reduction by 2040; and achieving climate neutrality by 2045.

Significance of the Case

This case enshrines Paris Agreement goals within the protection of the German constitution and officially recognizes climate protection as a human right. The Court also interprets the right of fundamental freedoms to include protection from climate change in the future. 

The case sets an example for other European States regarding sufficient measures for combating climate change. For instance, the European Union has committed itself to reducing GHG emissions by at least 40% by 2030 compared to 1990 levels. Considering that the German court found a 15% decrease from that 40% target by that timeframe still was insufficient to combat climate change in Germany means that all states must take more radical measures to combat climate change. The Neubauer victory is just one step in that direction. 

At the same time, there have been setbacks since the positive judgment of Neubauer. In February 2022, young adults supported by Environmental Action Germany (DUH) submitted eleven complaints against 10 German states with the aim of forcing the states to comply with the requirements of the Paris Agreement. However, the German Federal Constitutional Court held that German states (as opposed to the federal government) have no obligation to comply with emission-reduction targets, because only the federal government is competent and responsible for regulating the consumption of emission budgets.