BMW & Mercedes: German Court Rejects Ban on Combustion Engine Cars After 2030

Germany’s Federal Court of Justice on Monday dismissed a legal challenge brought by environmental group Deutsche Umwelthilfe (DUH) seeking to ban BMW and Mercedes-Benz from selling new cars with internal combustion engines after 2030. The ruling upholds previous decisions by lower courts rejecting the claims.

The DUH argued that continued sales of vehicles powered by fossil fuels beyond that date would violate the German constitution and infringe upon the rights of younger generations, who would bear the brunt of the resulting climate change impacts. The organization’s case centered on the premise that automakers were consuming a disproportionate share of national and global carbon budgets.

According to the court, although, there is currently no legal framework establishing specific emissions limits for individual companies. Presiding Judge Stephan Seiters stated that “the responsibility for climate protection legislation” rests with policymakers, not the judiciary. The ruling effectively maintains the status quo, allowing the two automakers to continue selling combustion engine vehicles beyond 2030, despite a European Union-wide target of phasing out such vehicles by 2035 – a target currently under review and potentially subject to weakening, according to the court.

The DUH’s legal strategy was based on a 2021 ruling by Germany’s Federal Constitutional Court, which mandated stronger climate protection laws to safeguard future generations. However, the Federal Court of Justice determined that this ruling did not extend to imposing direct restrictions on individual companies.

Barbara Metz, DUH’s federal executive director, stated after the verdict that the organization would examine the ruling and consider appealing to the Federal Constitutional Court. “We see that in the transport sector, in particular, emissions have not decreased since 1990. We believe that companies as well have a responsibility to achieve the goals,” Metz said, reiterating the DUH’s call for a faster transition away from combustion engines.

The case underscores the ongoing debate over the appropriate balance between judicial intervention and legislative action in addressing climate change. While the court acknowledged the urgency of climate protection, it affirmed the principle that setting emissions targets and implementing climate policies are primarily the responsibility of the political branches of government. The decision leaves the timeline for phasing out internal combustion engines in Germany dependent on future political negotiations and EU regulations.