CO2 emissions and combustion engines: Climate lawsuit against VW also fails on appeal
In the lawsuit supported by Greenpeace, the plaintiffs aimed to make Volkswagen stop producing combustion engines by at least 2030. Additionally, Volkswagen should be obligated to reduce its own CO2 emissions by 65 percent compared to 2018 by 2030.
The plaintiffs based their argument on the protection of their freedom and property rights, which they believe are threatened by climate change. Volkswagen contributes significantly to climate change with its cars and the resulting CO2 emissions. The claim also relied on the Climate Judgment of the Federal Constitutional Court, which had decided in 2021 that future generations have a right to climate protection.
The District Court of Braunschweig had dismissed the claim in February, stating that it was "in essential parts admissible, but without success in the matter." The Federal Government had fulfilled its duty to protect citizens in the sense of the Climate Judgment of the Constitutional Court with the Federal Climate Protection Act. Volkswagen, in turn, adhered "to the applicable public-law regulations."
The Higher Regional Court now followed this argumentation and considered the appeal to be "obviously unfounded." However, like the District Court, the Higher Regional Court also made no statement on the fundamental question, "whether the statutory climate protection provisions are sufficient to consider." This could not be decided in the current legal dispute. The District Court had also stated that it had left open whether Volkswagen could be held liable for damages caused by climate change in fact.
The judgment from Braunschweig is not legally binding yet. The Federal Court of Justice in Karlsruhe can still be involved.
- Despite the Higher Regional Court's ruling that the appeal against Volkswagen was "obviously unfounded," Greenpeace and the plaintiffs continue to appeal for Volkswagen to stop producing combustion engines by 2030.
- The lawsuit against Volkswagen's CO2 emissions and continued use of combustion engines is closely tied to the Climate Judgment of the Federal Constitutional Court, which recognizes the right of future generations to climate protection.
- The Climate Judgment has significant implications for automakers like Volkswagen, as they are now expected to reduce their own CO2 emissions by 65 percent compared to 2018 by 2030.
- The Volkswagen Group, which includes brands like VW and Audi, has faced criticism for its contribution to climate change through its cars and resulting CO2 emissions, making it a target in the climate lawsuit.
- Greenpeace and the plaintiffs argue that Volkswagen's reliance on combustion engines violates their freedom and property rights, and contributes to climate change, making the company a key player in the climate lawsuit.
