Court ruling compels German government to decide additional climate action measures

The German government’s Climate Action Programme adopted in 2023 requires additional measures to comply with the country’s emissions reduction target for 2030, Germany’s federal administrative court has ruled. The NGO Environmental Action Germany (DUH) had filed the lawsuit against the previous government, arguing that the sectoral measures included in the programme are insufficient to meet the target of reducing greenhouse gas emissions by 65 percent compared to 1990 levels by the end of the decade. 

“As the central steering instrument of climate policy, the climate action programme must contain all measures necessary to achieve the binding national climate protection target for 2030,” the administrative court in the city of Leipzig said. Measured against this condition, the programme in its current form “does not meet the legal requirements,” it said. The government therefore must present complementary measures taking into account interim developments in greenhouse gas emissions, the court said. 

DUH had argued that the existing programme was based on faulty estimates of the emissions reduction effects of individual measures. Moreover, there still was a gap left of about 200 million tonnes of CO₂ equivalents towards the 2030 target even if all listed measures achieved the estimated reduction, the NGO had said. DUH had already achieved a success in a regional court against the programme in 2024, but the case was referred to a federal court after the government appealed against the decision. 

Environment minister Carsten Schneider now aims to address the shortcomings in this year's planned Climate Action Programme, reported Table.Briefings. The minister has to coordinate government efforts to present the legally mandated programme by March. In it, the German government must lay out the measures it intends to implement to meet greenhouse gas reduction targets for 2030 and 2040. 

Think tank Agora Energiewende has estimated that emissions had decreased by about 49 percent since 1990 in 2025. However, Agora said that the reduction was mainly driven by weaker production and a stagnating economy, while emissions in transport and heating had even increased. Given current trends, Germany might face costly payments for emissions allocations under the European Union’s effort sharing scheme for its lagging reduction in these sectors, the Federal Environment Agency (UBA) had warned. 

DUH head Jürgen Resch said the court ruling is “a clear defeat” for the government, which for years had refused to introduce stronger measures. “The federal administrative court has stated clearly that the Climate Action Programme’s measures must be adequate for reaching the climate targets,” Resch added. He said possible measures could include a speed limit on motorways, the end to subsidies for diesel and company cars, as well as “massive investments” in long-distance trains and public transport. 

Barbara Metz, DUH executive manager, said the ruling must prompt the government to launch “a change of course” in the buildings sector and finally present a new law to regulate the end to fossil heating systems. Apart from that, the country needs to initiate a wave of climate-friendly refurbishments of public buildings, such as schools or kindergartens. “The government cannot shun its responsibility with vague promises – climate action is a legal duty,” Metz argued.  

Sabine Nallinger, head of the business-affiliated CEO initiative KlimaWirtschaft, said the government now has to provide “a reliable and court-proof” new Climate Action Programme that gives companies planning security for the road ahead. “All ministries are called upon to introduce adequate measures,” Nallinger said, pointing out that especially the buildings sector could quickly be put on the right track with an appropriate regulatory and subsidy framework.