The law imposes mandatory human rights and environmental due diligence obligations on companies in Germany as of 1 January 2023. By Paul A. Davies, Stefan Bartz, and Alexander Wilhelm On 25 June 2021, the Bundesrat, the legislative chamber of the German Federal States, approved the Supply Chain Due Diligence Act (Lieferkettensorgfaltsgesetz). The law now only needs to … Continue Reading
The German government has adopted draft law to ensure corporate compliance with human rights in the supply chain. By Paul A. Davies, Michael D. Green, Joachim Grittmann, Stefan Bartz, and Alexander Wilhelm On 3 March 2021, the German government adopted the draft Corporate Due Diligence in Supply Chains Act (Gesetz über die unternehmerischen Sorgfaltspflichten in … Continue Reading
A rating agency accepted a preliminary injunction regarding a disputed corporate sustainability rating. By Paul A. Davies, Michael D. Green, Joachim Grittmann, and Alexander Wilhelm As reported by a number of German newspapers and the environmental press, a dispute between the US proxy advisory firm Institutional Shareholder Services (ISS) and the German industrial image processing … Continue Reading
The court argued that the German government’s 2014 decision on climate protection goals for 2020 was not legally binding. By Jörn Kassow On 31 October 2019, the Administrative Court of Berlin dismissed a climate lawsuit brought by German citizens against the government. The plaintiffs had alleged that the government was violating their rights by missing … Continue Reading
The Programme includes a new CO2 pricing regime aimed at emissions caused by the building sector and by traffic and transport. By Jörn Kassow On 20 September 2019, the German government adopted the Climate Action Programme 2030, a plan to ensure that Germany achieves its climate protection goals for 2030, including a reduction of greenhouse … Continue Reading
ECJ ruling provides EU Member States more flexibility in designing the promotion of renewable energies. By Jörn Kassow, Alexander Wilhelm, and Apostolos Papadimitriou The European Court of Justice (ECJ) recently ruled that the German Renewable Energy Act of 2012 (Erneuerbare-Energien-Gesetz – EEG 2012) did not constitute State aid (C-405/16 P). The ECJ found that the support … Continue Reading
The Coal Commission’s phase-out proposal includes a €40 billion federal spending package for affected states. By Jörn Kassow and Patrick Braasch A German government-appointed body, known colloquially as the “Coal Commission”, has agreed to end coal-fired power generation by 2038. In an effort to meet Germany’s climate goals under the Paris Agreement, the Coal Commission … Continue Reading
After neglecting to heed an initial warning, six Member States may face financial penalties if they do not reduce pollution levels. By Paul A. Davies, Michael D. Green, and Alexander Wilhelm The European Commission (EC) has referred the UK, France, Germany, Hungary, Italy, and Romania to the European Court of Justice (ECJ) for failing to … Continue Reading
German cities face driving bans for diesel passenger cars in order to meet European Union air quality limit values. By Joern Kassow The German Federal Administrative Court recently made a fundamental ruling stating that diesel driving bans are generally admissible. German cities may consider general off-limit areas for diesel fueled cars, as well as partial … Continue Reading
A coalition government would likely focus on energy, transportation, and the automotive industry to meet Paris Agreement targets. By Joern Kassow and Patrick Braasch Background After the 2017 German parliamentary elections, the conservative Christian Democrats (CDU/CSU) and the Social Democrats (SPD) faced difficulties in forming a new government. However, the parties have now agreed on … Continue Reading
By Joern Kassow and Patrick Braasch Latham has previously written about the Lliuya v. RWE AG case, in which a Peruvian farmer has sought damages from German energy giant RWE for climate change effects in his home country. The Higher Regional Court of Hamm indicated during oral hearings that it would likely proceed to take … Continue Reading
By Jörn Kassow and Patrick Braasch A German appeals court has indicated in a groundbreaking civil action that major CO2 producers may be directly liable for global environmental damage caused by climate change. Mr Saúl Luciano Lliuya, a Peruvian farmer, has alleged that RWE AG, Germany’s second-largest electricity producer, is responsible for the impact of … Continue Reading
By Jörn Kassow and Eun Kyung Lee Germany’s increasing shortage of natural resources and the corresponding mounting cost of extracting raw materials signals the need for alternative and innovative ways of collecting and recycling secondary raw materials. One promising method of securing potential secondary raw materials is “urban mining”, which aims primarily at reclaiming raw … Continue Reading
By Paul Davies, Joern Kassow and Alexander Wilhelm In early July 2017, operators of German nuclear power plants initiated the next step in the process of decommissioning by transferring €24 billion to the new state-owned fund for nuclear power plant waste disposal. The German state established the Fund for the Financing of the Nuclear Waste … Continue Reading
