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Climate ruling: No decision on appeal yet

The German government has not yet made a decision on whether it intends to appeal the climate protection ruling by the Berlin-Brandenburg Higher Administrative Court. Deputy government spokeswoman Christiane Hoffmann said on Friday in Berlin that the first thing to do now is to carefully...

A figure of the blind Justitia. Photo.aussiedlerbote.de
A figure of the blind Justitia. Photo.aussiedlerbote.de

Process - Climate ruling: No decision on appeal yet

The German government has not yet made a decision on whether it intends to appeal the climate protection ruling by the Berlin-Brandenburg Higher Administrative Court. Deputy government spokeswoman Christiane Hoffmann said on Friday in Berlin that the first thing to do now is to evaluate the ruling in detail as soon as the written reasons are available.

The Ministry of Transport is in favor of an appeal, as a spokesman for Minister Volker Wissing (FDP) made clear. He said that appealing against the ruling was "for us" the logical consequence of the new Climate Protection Act. This is currently in the parliamentary process. Once the new Climate Protection Act had been passed, the sectoral approach would no longer apply and therefore the need for an immediate action program would no longer be necessary, the spokesman emphasized.

The Higher Administrative Court of Berlin-Brandenburg has ordered the federal government to launch immediate programs for more climate protection in the transport and building sectors. On Thursday, the 11th Senate ruled in favor of complaints filed by Deutsche Umwelthilfe and the environmental association BUND. At issue is the current Climate Protection Act, which currently stipulates annual targets for each sector to reduce harmful greenhouse gases. If the targets are not met in individual sectors, the responsible ministry must take countermeasures with an immediate action program. In 2022, the targets for transport and buildings were missed.

Explanations from the Bundestag's Scientific Service on the Climate Protection Act

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  1. The Federal Government is currently evaluating the detailed implications of the climate protection ruling made by the Higher Administrative Court in Berlin-Brandenburg, as stated by Deputy Government Spokeswoman Christiane Hoffmann.
  2. Although the Ministry of Transport supports an appeal against the climate protection ruling, the necessity of an immediate action program will no longer apply once the new Climate Protection Act, currently in the parliamentary process, is passed, according to a spokesman for Minister Volker Wissing (FDP).
  3. Should the Federal Government decide to appeal the climate protection ruling, it would be in line with the new Climate Protection Act, as argued by Volker Wissing's spokesperson, who emphasized that the required sectoral approach will no longer be necessary with the passage of the new act.
  4. In light of the Berlin-Brandenburg Higher Administrative Court's decision to order immediate climate protection programs in the transport and building sectors, German government officials and environmental organizations will continue to engage in climate-related processes implicating the Federal Government, the Ministry of Transport, and various courts in Germany.

Source: www.stern.de

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