German Court Orders Government to Expand 2023 Climate Plan, Lacking 200 Mt CO₂e to Meet 2030 Target
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German Court Orders Government to Expand 2023 Climate Plan, Lacking 200 Mt CO₂e to Meet 2030 Target

The Federal Administrative Court in Leipzig ruled on Thursday that the climate‑protection plan approved by the current coalition government still needs further measures. It must contain all actions that will bring greenhouse‑gas emissions down by at least 65 % compared with 1990 by 2030, the court said.

The court found that the federal government’s forecasts of how effective the planned measures will be are faulty and that a gap of 200 million tonnes of CO₂‑equivalent still exists. CO₂‑equivalent units allow the combined climate impact of gases such as methane or nitrous oxide to be compared with that of CO₂ over a fixed period. The coalition had adopted the plan on 4 October 2023 under the Federal Climate Protection Act (KSG). The German Environmental Aid (Deutsche Umwelthilfe, DUH) had sued, arguing the plan was insufficient; the upper administrative court had granted that claim, but the federal government’s appeal was dismissed.

Jürgen Resch, CEO of DUH, called the decision a “resounding blow” to German climate policy and a clear defeat for the government, which he said has refused adequate measures for years. “The court has sent an unmistakable message that climate‑protection programmes must achieve the goals. The federal government must now immediately add further measures” he said.

The government therefore retains the discretion as to which new steps it will take, provided they are adequate to meet the 2030 intermediate target. Resch called for a speed limit, the removal of diesel and company‑car privileges, and substantial investment in rail and public transport. He argued that a 100‑km/h limit on freeways, 80 km/h on rural roads, and 30 km/h zones in cities could close almost half the 2030 gap.

Barbara Metz, DUH’s federal manager, urged a shift in the buildings sector. “The government must end its ‘hang‑on’ approach to the Building Modernisation Act and adopt an ambitious law that ensures Germany switches to fossil‑free heating as quickly as possible” she said. “We also need binding renovation quotas for the worst buildings and a revitalisation push for public facilities such as schools and kindergartens”.

Representing the environmental association in the case, lawyer Remo Klinger stressed that climate protection is justiciable. “It can be judicially assessed whether the government plans sufficient measures to meet German climate goals” he said. “If the status quo continues, Germany will miss its 2030 target, so the government is ordered to correct this immediately”.

In addition to the court decision, the federal government is legally obliged to present a new climate‑protection programme by 25 March. This plan will go beyond the plan discussed on Thursday by covering not only the 2030 target but also the 2040 target and the year‑by‑year goals for 2031 to 2040.