Germany

CRIN would like to express our profound gratitude to our external reviewer, Philipp Schönberger, Green Legal Impact Germany, for their comments on a draft of this report. CRIN also sent a draft version to the State for feedback and any comments received were taken into account in finalising the report. Any errors or inaccuracies remaining in the report are CRIN’s.

This report is provided for educational and informational purposes only and should not be construed as legal advice. CRIN does not accept liability for any loss, damage, cost or expense incurred or arising by reason of any person using or relying on information in this report. CRIN encourages personal and educational use of this publication and grants permission for its reproduction in this capacity where proper credit is given in good faith.

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I. National legal protections

A. Are environmental rights protected within the national constitution?

Article 20a of the German Constitution (Grundgesetz, “GG”) serves as a constitutional protection for the environment.¹ In particular, Article 20a GG assigns the State with the task of protecting the natural foundations of life and animals within the framework of the constitutional order through legislation and, in accordance with law and justice, through executive power and jurisdiction for future generations. Before Article 20a GG was introduced, environmental protection found its constitutional codification in the regulation of legislative competencies in Articles 74 and 75 GG and in the principle of the welfare State.

The constitutional protection of the environment is designed as a State objective. State objectives define goals without specifically setting up rules to reach them. Therefore, the legislature has to set up a legal framework in order to achieve the objective. Systematically, the environmental protection of Article 20a GG is part of the State’s task of danger prevention and precaution.

In January 2021, the German federal government introduced legislation to explicitly incorporate children's rights into the GG.² This legislation has not been passed yet. However, the government has affirmed that the Convention on the Rights of the Child (“CRC”) is unconditionally ranked on the same level as German federal law and that, even if not specifically mentioned, children are subjects of all fundamental rights under basic law.³

The GG, however, does not recognise an independent “right to a healthy and clean environment” as recently recognised by several international institutions.⁴

B. Have constitutional rights protections been applied by national courts with regards to environmental issues?

The constitutional protection of the environment in Article 20a GG has been subject to trials in front of national courts.

In Neubauer et al. v. Germany, the Federal Constitutional Court received a legal challenge from a group of German young people, including children, who claimed that the Federal Climate Protection Act of Germany ("KSG" or "Bundesklimaschutzgesetz") did not go far enough in lowering greenhouse gas ("GHG") emissions from 1990 levels by 2030.⁵ As a result, the complainants claimed that the KSG had breached their human rights, which are guaranteed by the GG, particularly their rights to life and physical integrity (Art 2), property (Art 14.1), and a "humane future" or "future consistent with human dignity".⁶ They also claimed that the KSG failed to take responsibility for future generations, as required by Article 20a of the GG, as it did not protect the natural foundations of life. Although the Court did not consider the arguments based on the complainants' assertions that existing GHG emission levels violated their right to a "humane future" or "future consistent with human dignity," the Court ruled that elements of the Act were incompatible with fundamental rights, and ordered the legislature to provide specific reduction targets.

Other German Federal Constitutional Court decisions in the context of Article 20a GG include:

• The Nuclear phase-out. This is an ongoing matter of interest for many parts of the society. In its decision of 6 December 2016 (ref. no. 1 BvR 2821/11) the German Federal Constitutional Court dealt with a law amending the Atomic Energy Act (Atomgesetz – “AtomG”). Article 20a GG played a role in balancing the acceleration of the nuclear phase-out with the protection of the environment.⁷

• Another matter for the application of Article 20a GG was the Constitutional Court’s decision on the Constitutionality of the Animal Protection Act (Tierschutzgesetz – “TierSchG”) on 8 December 2015, ref. no. 1 BvR 1864/14.⁸ The court concluded that the basic idea of the protection of animal welfare in Sec. 1 Para. 1 TierSchG has constitutional status under Article 20a GG.

• On 5 November 2014, the Constitutional Court dealt with the national Air Traffic Act (Luftverkehrsgesetz) (ref. no. 1 BvF 3/11) and its environmental dimension.⁹ According to the Federal Constitutional Court, the objective of environmental protection pursued by the legislature is a factual reason whose legitimacy derives, inter alia, from the mandate contained in Article 20a GG to protect the natural foundations of life in responsibility for future generations. This mandate can both require the prevention of danger and legitimise risk prevention. The environmental goods protected under Article 20a GG also include climate protection intended by taxation.

• Garzweiler II, a decision about the lignite coal exit dated 17 December 2013 (ref. no. 1 BvR 3139/08), marked another step for acknowledging the importance of environmental protection.¹⁰ The legislative and executive branches were held responsible for the assessment of the serious burdens on humans and the environment, which are undisputedly associated with the mining and conversion of lignite into electricity.

• The importance of environmental protection in connection with genetic engineering emerged in the Federal Constitutional Court’s decision of 24 November 2010 (ref. no.1 BvF 2/05).¹¹ The court pointed out that when legislating, the legislator must not only balance the interests affected by the use of genetic engineering on the one hand and its regulation on the other (which are protected in particular by the right to life and physical integrity, freedom of science, freedom of occupation and the guarantee of property); rather, it must equally observe the mandate contained in Article 20a GG to protect the natural foundations of life, also in responsibility for future generations.

• Furthermore, animal protection was connected with environmental protection in the Federal Constitutional Court’s decision of 12 October 2010 (ref. no. 2 BvF 1/07) concerning the laying hen management.¹² Keeping laying hens in cages has been declared incompatible with Section 16b Para. 1 S. 2 TierSchG and Article 20a GG.

• The importance of environmental protection was also expressed in the Federal Constitutional Court’s resolution of 25 July 2007 (ref. no. 1 BvR 1031/07) concerning the taxation of biofuel. The evaluation that economical disadvantages for biofuel producers are basically insignificant within the framework of Article 20a GG¹³ displays the importance of environmental protection.

• The scope of protection of Article 20a GG contains CO2 emission management as the Federal Constitutional Court pointed out in their decision on emission trading of 13 March 2007 (ref. no. 1 BvF 1/05).¹⁴

• On the assertion of rights, the Federal Constitutional Court outlined that, the rights protected in Art. 20a GG cannot be invoked by a State against the Federal government (decision of 5 December 2001, ref. no. 2 BvG 1/00).¹⁵

• Another important step in outlining the possibility to enforce the rights granted by Art. 20a GG was the Federal Constitutional Court’s decision of 10 May 2001, ref. no. 1 BvR 481/01, on subjective rights of animal welfare associations. The court emphasised that Article 20a GG, as a State objective, does not convey any subjective rights that individuals can invoke.¹⁶

C. Has the concept of intergenerational equity been applied within national courts? If yes, in what circumstances?

In Germany, the concept of intergenerational equity is not yet legally codified. A discussion on implementing the concept of intergenerational equity within the German Constitution is putting a new spotlight on the topic.¹⁷ Some aspects of intergenerational equity can be found in German law, such as the environmental protection in Article 20a GG or a balanced budget provision (‘debt brake’) in Article 109 Para. 3, 115 Para. 2 GG.¹⁸

In Neubauer, et al. v. Germany, the Federal Constitutional Court addressed the constitutional recognition and protection of future (unborn) generations, which is an objective constitutional imperative without a corresponding individual right. This objective protection mandate explicitly obliges the State to “treat the natural foundations of life with such care and to leave them in such condition that future generations who wish to carry on preserving these foundations are not forced to engage in radical abstinence.”¹⁹ The Court repeatedly elaborated on the importance of intergenerational equity throughout the decision:

“It is also because future generations ‒ those who will be most affected ‒ naturally have no voice of their own in shaping the current political agenda. In view of these institutional conditions, Art. 20a GG imposes substantive constraints on democratic decision-making ([...]). This binding of the political process as envisaged by Art. 20a GG would be in danger of being lost if the material content of Art. 20a GG was fully determined by the day-to-day political process with its more short-term approach and its orientation towards directly expressible interests.”²⁰

The Court’s finding of a violation of the constitution was, however, based on a new dogmatic figure that acknowledges an intertemporal dimension to the fundamental rights of the GG: Article 20a GG in conjunction with the fundamental rights obliges State institutions to prevent an excessive exercise of freedoms in the present, if it (inevitably) leads to a disproportionate restriction of freedoms in the future, as is the case with climate change/greenhouse gas emissions. The legislator is obliged to guarantee that “reduction burdens are not unevenly distributed over time and between generations to the detriment of the future. It follows from the principle of proportionality that one generation must not be allowed to consume large portions of the CO2 budget while bearing a relatively minor share of the reduction effort, if this would involve leaving subsequent generations with a drastic reduction burden and exposing their lives to serious losses of freedom.”²¹

Intergenerational equity has been mentioned a few times in the context of retirement provisions.²² The Federal Labour Court decided that new employees have to be included into a company’s pension scheme too.

D. What legislation is in place to regulate environmental protection? Are there any proposals for legal reforms currently under review in the national legislature?

The following German Federal law is currently in place to regulate environmental protection:²³

• Fuel Emission Trading Act (Brennstoffemissionshandelsgesetz – “BEHG”)²⁴
  • The Fuel Emission Trading Act creates the basis for trading in certificates for emissions from fuels and ensures that these emissions are priced if they are not covered by EU emissions trading.

• Federal Nature Conservation Act (Bundesnaturschutzgesetz – “BNatSchG”)²⁵
  • In the Federal Republic of Germany, the Law on Nature Conservation and Landscape Management, or Bundesnaturschutzgesetz (BNatSchG) for short, forms the legal basis for the protected goods nature and landscape and the measures of nature conservation and landscape management.

• Federal Climate Change Act (Bundes-Klimaschutzgesetz – “KSG”)²⁶
  • The Federal Climate Change Act (KSG) is a German federal law designed to ensure that national climate protection targets as well as European targets are met.

• Packaging Act (Verpackungsgesetz – “VerpackG”)²⁷
  • The Packaging Act aims to minimise the impact of packaging waste on the environment in Germany. The aim is to increase recycling rates.

• Federal Soil Protection Act (Bundesbodenschutzgesetz – “BBodSchG”)²⁸
  • The Federal Soil Protection Act (BBodSchG) is a Federal German law, which came into force in 1999 and, together with the soil protection laws of the federal States, forms the main part of the Federal German soil protection law. The law is supplemented by the Federal Soil Protection and Contaminated Sites Ordinance (Bundesbodenschutzverordnung – “BBodSchV”).²⁹

• Environmental Impact Assessment Act (Gesetz über die Umweltverträglichkeitsprüfung – “UVPG”)³⁰.
  • The Environmental Impact Assessment Act (UVPG) is a law that regulates the assessment of the environmental compatibility of projects, which, due to their type, size or location, may have a significant impact on the environment.

• Act on Supplementary Provisions on Legal Remedies in Environmental Matters (Umwelt-Rechtsbehelfsgesetz - “UmwRG”)³¹.
  • The Act on Supplementary Provisions on Legal Remedies in Environmental Matters under EC Directive 2003/35/EC – (UmwRG) is introducing the extended association/association action (Vereins-/Verbandsklage) against certain environmental approval decisions for industrial plants and infrastructure measures.

• Act on the peaceful use of nuclear energy and protection against its dangers (Atomgesetz - “AtomG”)³²
  • The German Act on the peaceful use of nuclear energy and protection against its dangers (AtomG) is the legal basis for the use of nuclear energy and for protection against the harmful effects of ionising radiation in Germany.

• Environmental Information Act (Umweltinformationsgesetz - “UIG”)³³.
  • The German Environmental Information Act (UIG) aims to create free access to environmental information and to disseminate environmental information. It applies directly to federal agencies that are obliged to provide information.

• Federal Immission Control Act (Bundesimmissionsschutzgesetz - “BImSchG”)³⁴.
  • The German Federal Immission Control Act (BImSchG) is intended to protect humans, animals and plants, the soil, water and atmosphere as well as cultural and other material goods from harmful environmental impacts and to prevent the occurrence of harmful environmental impacts and to avoid and reduce harmful environmental impacts through emissions into air, water and soil.

• Battery Act (Batteriegesetz - “BattG”).³⁵
  • The Battery Act transposes the European Directive on Waste Batteries (Directive 2006/66/EC of 6 September 2006 on batteries and accumulators and waste batteries and accumulators) into German law.

• Environmental Statistics Act (Umweltstatistikgesetz – “UStatG”).³⁶
  • The Environmental Statistics Act (UStatG) of 16 August 2005 provides the legal basis in the Federal Republic of Germany for the collection of federal statistics for environmental policy purposes.

• Radiation Protection Act (Strahlenschutzgesetz - “StrSchG”)³⁷.
  • The Radiation Protection Act (StrlSchG) of the Federal Republic of Germany transposes Directive 2013/59/Euratom into national law. It lays down provisions for the protection of man and - as far as the long-term protection of human health is concerned - of the environment against the harmful effects of ionising radiation.

• Project Mechanisms Act (Projekt-Mechanismen Gesetz - “ProMechG”).³⁸
  • The Act creates the necessary national basis for generating credits for emission reductions achieved through projects under Joint Implementation and the Clean Development Mechanism. In particular, it regulates the procedures and conditions for obtaining governmental approval for planned project activities as required by international rules. These emission credits can be used in EU emissions trading.

• Recycling Management Act (Kreislaufwirtschaftsgesetz - “KrWG”).³⁹
  • The Recycling Management Act (KrWG) is the central federal law of German waste management. According to Sec. 1 of the KrWG, the purpose of the law is to promote the circular-flow economy in order to conserve natural resources and to ensure the environmentally compatible management of waste.

• Waste Shipment Act (Abfallverbringungsgesetz - “AbfVerbrG”).⁴⁰
  • The Waste Shipment Act (AbfVerbrG) provides supplementary regulations to Regulation 1013/2006/EC on the shipment of waste, for example on the responsibility of authorities. The fees for the transit of waste through the Federal Republic of Germany were laid down in the Waste Shipment Fees Ordinance.

• Electrical and Electronic Equipment Act (Elektro- und Elektronikgerätegesetz - “ElektroG”). ⁴¹
  • The Electrical and Electronic Equipment Act (ElektroG) is intended to ensure that old electrical equipment is not disposed of with household waste, but collected and recycled separately. Controlled and monitored disposal is intended to combat the illegal export of old electrical equipment abroad, to reuse valuable raw materials and to reduce the negative effects on the environment and health.

• Aircraft Noise Act (Fluglärmgesetz - “FluLärmG”).⁴²
  • The Aircraft Noise Act protects against aircraft noise in the vicinity of airports.

• Act on Public Participation in Environmental Matters (Öffentlichkeitsbeteiligungsgesetz).⁴³
  • The Act on Public Participation in Environmental Matters introduces changes in the field of public participation in various specialised laws.

• End-of-Life Vehicles Ordinance (Altfahrzeuggesetz - “AltfahrzeugG”).⁴⁴
  • The End-of-Life Vehicles Ordinance, formerly the End-of-Life Vehicles Ordinance, stipulates that certain motor vehicles must be handed over as waste to either a recognised collection point or a recognised recycling company.

• Waste Water Levy Act (Abwasserabgabengesetz - “AbwAG”).⁴⁵
  • The Waste Water Levy Act regulates the obligation to pay levies for the discharge of wastewater (sewage, precipitation water) into water bodies.

• Environmental Liability Act (Umwelthaftungsgesetz - “UmweltHG”).⁴⁶
  • The Environmental Liability Act regulates the no-fault plant liability for environmental impacts. If someone is killed, their body or health injured or an object damaged by an environmental impact emanating from an installation listed in Annex 1 UmweltHG, the owner of the installation is obliged to compensate the injured party for the resulting damage (Sec. 1 UmweltHG).

• Chemicals Act (Chemikaliengesetz - “ChemG”).⁴⁷
  • The Chemicals Act (ChemG) is a law for protection against hazardous substances in the Federal Republic of Germany. It belongs fundamentally to the chemicals law.

• Water Management Act (Wasserhaushaltsgesetz - “WHG”).⁴⁸
  • The Water Management Act contains provisions on the protection and use of surface waters and groundwater, as well as regulations on the development of water bodies and water management planning and flood protection.

• Environmental Damage Act (Umweltschadensgesetz - “USchadG”).⁴⁹
  • With the Environmental Damage Act, uniform requirements for the remediation of accident-related environmental damage - in particular ecological damage - are formulated for the first time. The transposition of the EC Environmental Liability Directive into national law is a challenge because it contains a new public-law liability concept for damage to biodiversity, water and soil.

• Genetic Engineering Act (Gentechnikgesetz- “GenTG”).⁵⁰
  • The German Genetic Engineering Act (GenTG) was passed in 1990 to regulate the use of genetic engineering and the prevention of risks. The Genetic Engineering Safety Ordinance as a sub-legislative set of rules to the GenTG regulates safety requirements for genetic engineering work in genetic engineering facilities and the release of genetically modified organisms.

• Plant Protection Act (Pflanzenschutzgesetz - “PflSchG”).⁵¹
  • The German Plant Protection Act serves the purpose of plant protection, the protection of plant products as well as the protection of humans, animals and the balance of nature against hazards, in particular by plant protection products.

E. Is there any specific national policy addressing childhood exposure to toxic substances? If so, what is considered a safe level of exposure and what is the process for determining safe levels of exposure?

Article. 2 (para.2, s.1) GG protects the physical integrity of children. However, there is no specific national policy addressing childhood exposure to toxic substances.

The German Environmental Survey (“GerES V”), a federal survey carried out by the German Ministry of the Environment and the Robert Koch Institute, found plastic byproducts in 97% of blood and urine samples from 2,500 children tested between 2014 and 2017.⁵² Plastic ingestion has been reported to have the greatest impact on younger children.⁵³ While a number of the chemicals found pose no known health risks, researchers expressed particular concern about the study's high levels of perfluorooctanoic acid (PFOA), commonly found in nonstick cookware and waterproof clothing.⁵⁴ Although the GerES V Survey has been carried out since the 1980s, this was the first time that it provided population representative data on the PFAS exposure of children and adolescents.⁵⁵

F. Is the country equipped with pollutant release and transfer registers?

Germany operates a pollutant release and transfer register (Schadstofffreisetzungs- und Verbringungsregister).⁵⁶ In May 2003, Germany signed the PRTR Protocol (Protocol on pollutant release and transfer registers) and ratified it in August 2007; thus committing to establish a national pollutant register.⁵⁷ The legal basis is the German PRTR Act (SchadRegProtAG).⁵⁸ Under the European Pollutant Release and Transfer Register (E-PRTR) Regulation, operators of industrial facilities are subject to reporting obligations. Information gathered at national level by EU countries and reported to the European Commission is fed into the database on a regular basis. First, this information is submitted annually to the competent national authority by the operators of the establishments concerned. EU countries must also gather information on releases from diffuse sources using internationally approved methods. EU countries must then report the information they have collected to the Commission by the stipulated deadline (within 15 months of the end of each reporting year).⁵⁹ EU countries are permitted to keep certain information confidential, but they must notify the Commission of the type of the information that is being withheld and the grounds for withholding it. The Commission, with the cooperation of the European Environment Agency, provides the public with access to the information contained in the database by ensuring it is available on the internet by the stipulated deadline (within 16 months of the end of each reporting year). The register does not explicitly take child specific factors into account.

G. Does the State assert extra-territorial jurisdiction for any environmental issues?

In criminal law matters, German courts are able to enforce German Criminal Law on offences committed abroad. If internationally protected legal assets are affected, German Criminal Law continues to apply (Section 6 of the German Criminal Code (Strafgesetzbuch – “StGB”)).⁶⁰ Section 7 StGB is based on the active personality principle (Aktives Personalitätsprinzip) and extends the possibility to enforce German Criminal laws abroad. Therefore, the offender or the victim have to be German and the behaviour must be liable to prosecution in the country where it took place. The German Code of Crimes against International Law allows the prosecution of international crimes irrespective of the place they were committed or the nationality of the offender/victim (Section 1).⁶¹

Private international law defines the connecting factor that determines which jurisdiction will be applicable. Recital 24 of the Rome II Regulation 864/2007/EU defines environmental damages as damages that are adversely affecting a natural resource such as water, soil or air, interfering with a function that a natural resource performs for the benefit of another natural resource or the public, or affecting variability among living organisms.⁶²

Following Article 7 Rome II Regulation, the law applicable to a non-contractual obligation arising out of environmental damage or personal injury or damage to property resulting from such damage shall be the law determined in Article 4 Para. 1 Rome II Regulation.⁶³ Article 4 Para. 1 Rome II Regulation determines that the law applicable to a non-contractual obligation arising out of a tort or delict shall be the law of the country in which the damage occurs, irrespective of the country in which the event giving rise to the damage occurred.⁶⁴

Practically speaking, an accident with environmental impact that causes damages in Germany, although it took place abroad, falls under German jurisdiction. In order to enforce such a sentence, a title with extra-territorial European context can be certified as a European Enforcement Order based on Regulation 805/2004/EU and Regulation 1215/2012/EU. In case of enforcing non-European titles, it must first be ascertained whether the enforcement order can be recognised abroad, which in turn depends on the respective national provisions.

II. Accessing courts

A. How can environmental cases be brought before national courts?

Civil Law

Generally, civil cases are brought before the District Court (Amtsgericht). However, claims for compensation exceeding EUR 5,000 have to be directed to the County Court (Landgericht). If the plaintiff is seeking an injunction of an environmental harming action, they could assert a claim under Section 1004 Para. 1 German Civil Code (Bürgerliches Gesetzbuch – “BGB”). ⁶⁵ Furthermore, claims under tort law can be asserted via Section 823 et seq. BGB. This presupposes a violation of legal interests that was caused by environmental means, i.e. through air, water and/or soil. Section 906 BGB protects ‘real property’ from emissions.

However, the spectrum of environmental cases based on civil law claims is much broader. Although it is not possible to provide an exhaustive list of all civil law provisions that allow for environmental cases in the broader sense, there are some examples of provisions that have been used recently in the defence of environmental matters. For example:

• Unfair competition law and consumer protection law can be used against companies using misleading statements regarding the climate neutrality of their products or for using narratives regarding contributions to the transition to a low-carbon future. ⁶⁶ For example, following a lawsuit brought by NGO Deutsche Umwelthilfe (DUH), the Regional Court of Karlsruhe has ruled that a German drugstore chain (DM) is no longer allowed to advertise several of its own brand products as “climate neutral” or “environmentally neutral” because there was insufficient information on the products themselves to back up these claims (and they lacked clear signposting to a website which could supply such information). ⁶⁷ The court in this case also established that forest protection projects selected for compensation were unsuitable to neutralise the climate impact of the advertised products: “The consumer expects that offsetting emissions, which is supposed to lead to the climate neutrality of the product, will bring this about. […] However, CO2 lifetime in the atmosphere extends far beyond that of the forest conservation projects,” the ruling reads. ⁶⁸
• The Supply Chain Due Diligence Act can be used to target companies who have failed to comply with their obligations to take measures to identify and prevent human rights and environmental risks and impacts in their business activities and supply chains. ⁶⁹

Administrative Law

Cases concerning disputes between State actors and individuals in which the State exercises authority over the individual must always be brought before administrative courts (Verwaltungsgericht). ⁷⁰ There can be several reasons for bringing an administrative trial. If the plaintiff is facing an administrative burden, they can file a rescissory action in order to eliminate the burden. If the administration hesitates to grant permission for or perform a desired action, one can use the administrative courts to invoke the obligation to grant such permission or perform such action. For example a German NGO (Deutsche Umwelthilfe) launched legal action against the Germany government over its alleged failure to create an adequate immediate action programme to tackle illegally high ammonia emissions. ⁷¹ Deutsche Umwelthilfe has shared with the Court a series of measures to be included in the Government’s transport sector immediate climate protection program.

Compensation claims against State authorities can also be pursued in front of administrative courts.

Constitutional Law

In case of violation of personal rights under the GG, it is possible to file a constitutional complaint (Verfassungsbeschwerde) with the German Constitutional Court for judicial review of a certain legal act, decree or judgement or any other legal action conducted by an official body. However, a precondition for such a complaint is that the plaintiff has exhausted all other possibilities for relief. Therefore, a primary complaint to the Constitutional Court is rarely available and relief must first be sought up to the final instance of the competent civil or administrative courts (Rechtswegerschöpfung). ⁷²

Criminal Law

Criminal law protects the environment in two different ways. The first way is that direct offences against the environment are sanctioned by Sec. 324 et seq. StGB. These offences typically harm the environment directly like pollution of water or air. The second way is through using ‘secondary criminal law’ (all criminal norms that are not in the Criminal Code) which is connected with the administrative law and aims to protect the environment, for example, from power plants built without a permission.

The prosecution will press charges ex officio or will issue a criminal charge against the offender. If a conviction seems more likely than an acquittal, the main proceeding starts and the offender is allowed to defend themselves.

B. What rules of standing apply in environmental cases?

The rules of standing assume that a plaintiff’s right is injured. The purpose is to guarantee the functionality of courts by avoiding waves of complaints. In terms of environmental issues, the question arises as to what extent the plaintiff’s right is directly affected. Concerning natural persons, the rules of standing in administrative trials require a potential injury of a public subjective right (Möglichkeitstheorie) based on Section 42 Para. 2 Administrative Court Code (Verwaltungsgerichtsordnung – “VwGO”), while the rules of standing in civil trials require the enforcement of a right owned by the plaintiff. In civil proceedings, it should be emphasised that the burden of proof of an infringement of rights is on the plaintiff. In contrast to that, criminal cases follow the principle of reasonable doubt. The prosecutor has to convince the judge of the defendant's culpability in order to open a trial. Legal persons can profit from the rights provided by the Act on Supplementary Provisions on Legal Remedies in Environmental Matters under EC Directive 2003/35/EC (Environmental Remedies Act - Umweltrechtsbehelfsgesetz)⁷³ introducing the extended association action against certain environmental approval decisions and administrative measures that might have a negative environmental impact.

C. Do these rules of standing differ when children are the complainants and if so in what way?

In general, German rules of standing assume the plaintiff is asserting a violation of their rights. This requirement exists regardless of whether the plaintiff is a child or an adult. Children and their representatives are entitled to challenge violations of their constitutional rights and rights under the Convention on the Rights of the Child (CRC) in the federal constitutional court directly, if all other legal remedies have been exhausted or if no other legal remedies are available.⁷⁴

However, it should be noted that children are not entitled to take legal actions by themselves. The German Civil Procedure Code (Zivilprozessordnung) and the German Administrative Procedure Code (Verwaltungsgerichtsordnung) both refer to rules of "legal capability" based on the German Civil Code. Pursuant to these provisions, a person under the age of seven is not legally capable to take any legal actions. Children above the age of seven are granted a limited legal capability, meaning they are entitled to take legal actions subject to parent approval. In Administrative or civil proceedings, children would need to be represented by an adult, usually their parents. Additionally, children and their representatives are entitled to challenge violations of their constitutional rights and rights under the Convention on the Rights of the Child (CRC) in the federal constitutional court directly, if all other legal remedies have been exhausted or if no other legal remedies are available.⁷⁵

D. What is the burden and standard of proof for allegations of personal injury as a result of toxic exposure?

Under the German Civil Procedure Code, each party has the burden of proof for all facts that work in his or her favour (Beibringungsgrundsatz).⁷⁶ The plaintiff has the burden of proof for all elements of his or her claim by a preponderance of the evidence, while the defendant carries the burden of proving any defence in their favour. If the evidentiary plaintiff manages to prove the requirements for their claim, the defendant may counter that with a refuting proof (this is called secondary burden of proof (sekundäre Darlegungslast)). In criminal and administrative proceedings, the State or the court (Amtsermittlungsgrundsatz) carries out investigations. In criminal proceedings, the State bears the burden of proof for every element of the crime asserted beyond a reasonable doubt. The different types of evidence, which are admissible in all proceedings, are set out in the particular procedural codes and include expert testimony, certificates and certain documents, inspection of physical evidence, witness statements and testimony and party statements.⁷⁷ By using the different types of evidence, the plaintiff has to prove that their injury, which can lead to a form of compensation, is based on toxic exposure (e.g. through medical expert testimonies).

E. What limitation periods apply in environmental cases?

According to Section 195 BGB, the standard limitation period is three years for bringing a claim. There is no special rule for limitation periods in environmental cases under German civil law. The applicable limitation period always depends on the goal of the claim (e.g. monetary compensation or omission of an environmental harming behaviour) and on the type of claim. Whilst the standard three-year limitation period applies to contractual claims and omission claims, tort claims are subject to a limitation period of 10 years or even 30 years for damages resulting from intentional injury to life, body and health.

In criminal cases (e.g. concerning environmental pollution under Section 324 et seq. StGB), one has to differentiate between limitation of action (Verfolgungsverjährung) and limitation of execution (Vollstreckungsverjährung). The limitation of action applies to cases that happened a long time ago and can no longer be prosecuted. Since most of the environmental crimes are penalised with a maximum arrest of five years, the statute of limitation usually applies five years after the relevant action (Section 78 Para. 3 StGB). Only particularly serious cases of an environmental offence (Section 330, 331 StGB) come under the statute of limitation after 10 years.

The limitation of execution defines how long a decision can be executed by the authorities. It starts with the decision of the court and takes between 10 and 20 years in environmental cases (Section 79- 79b StGB).

Administrative cases also depend on the type of claim that is pursued. A judicially determined claim of monetary compensation comes under the statute of limitation within 3 years (Section 20 Administrative Costs Act - Verwaltungskostengesetz). If the claimant seeks for an action for annulment or commitment the claim must be brought to a court within one month (Section 74 Para. 1 S. 1 Administrative Court Rules – Verwaltungsverfahrensgesetz).

F. Is legal aid available in environmental cases? If so, under what circumstances?

In Germany, advisory help (Beratungshilfe) is distinguished from legal aid (Prozesskostenhilfe). The Act on legal advice and representation for people on low incomes (Gesetz über Rechtsberatung und Vertretung für Bürger mit geringem Einkommen (Beratungshilfegesetz)) provides legal counsel and representation outside of court proceedings (advisory aid) as support to those in need.⁷⁹ In civil cases, if a prospective claimant or defendant is not able to bear the costs of a lawsuit, and the underlying case generally appears as bearing some prospect of success, any costs deemed necessary will completely or partially (depending on the financial capability of the applicant) be subsidised by the German State.

If the applicant prevails in court, the opposing party will have to bear any costs incurred by the parties and the court; otherwise the government will bear the costs on behalf of the applicant. This type of legal aid (Prozesskostenhilfe) does not only include the court fees, but also any legal fees incurred in bringing a case and is available to anyone. The same laws apply to administrative proceedings.⁸⁰ However, the law does not provide for legal aid in criminal proceedings. An exception is the so-called adhesion method (Adhäsionsverfahren) where monetary compensation can already be invoked within the criminal trial.

III. Remedies

A. What remedies are courts empowered to impose in environmental cases?

There are no special remedies that can be empowered by courts concerning environmental cases. In general, when reviewing specific violations, civil courts can grant an injunction or award monetary damages. In administrative court proceedings, the plaintiff usually challenges an official ordinance, repudiation, permit or authorisation. The administrative court may either grant an order revising the decision by the public authority in question, thereby declaring the decision in question unlawful, direct the public authority to reconsider their decision in light of the court’s ruling, make a specific legal declaration with regard to the claim or order the public authority to undertake a specific action. Several appeal stages are available to the parties in the administrative court system as well. In both civil and administrative proceedings, a party may file for an injunction or other measures to ensure the unsuccessful party complies with the outcome of the litigation on the matter in dispute until judgement is rendered or to prevent the public authority from enforcing its decision before the court passes the judgement.⁸¹

In criminal law trials, courts are empowered to impose either a monetary fine, based on the guilty party’s income, or a prison sentence.

B. What remedies have courts ordered in environmental cases to date?

The courts have ordered remedies in environmental cases in civil, public and criminal law to date.

The Constitutional Court confirmed the constitutionality of the Nuclear Phase Out Act (Atomausstiegsgesetz), the Animal Welfare Act (TierSchG) and the Air Traffic Act (Luftverkehrsgesetz). Furthermore, the Constitutional Court annulled a judgement of the Federal Administrative and several other courts concerning a violation of property due to lignite mining.

In public law proceedings, the violation of environmental regulations, for example in the context of an environmental impact assessment, can lead to the refusal of a permit or the imposition of a construction stop. Administrative Courts order all possible sorts of remedies, such as the annulment of an allowance, permission, or concession, the order to issue a specific allowance or the order to perform or reverse a specific action. Given the broad scope of environmental claims under administrative law, an exhaustive list cannot be provided (but some examples have been provided in Section II.A above).

In civil law cases, concerning natural destruction, courts may order the losing party to restore the nature (restitution in kind, Section 249 Para. 1 BGB). In criminal law cases, the judge may impose monetary compensation or even a prison sentence.

C. Are there any administrative authorities empowered to act on environmental complaints and if so, how are they empowered to respond to complaints?

The central regulatory body for environmental issues is the German Environment Agency (Umweltbundesamt).⁸² It supports the Federal Environment Ministry in issues relating to emission control and soil conservation, waste management, water resources management and health-related environmental issues, as well as with the preparation of legal and administrative provisions, research and development of foundations for suitable measures and the review and examination of procedures and establishments.⁸³ Additionally, the German Environment Agency plays a role in the enforcement of a number of regulations, such as the Plant Protection Act,⁸⁴ the Electrical and Electronic Equipment Act,⁸⁵ and the EU REACH regulation.⁸⁶ Together with the German Federal Agency for Nature Conservation (Bundesamt für Naturschutz) it operates under the jurisdiction of the Federal Ministry of the Environment, Nature Conservation and Nuclear Safety.⁸⁷ As an enforcement authority for the international Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), the Federal Agency for Nature Conservation issues permits for the import and export of protected species. Furthermore, it monitors the compliance with nature conservation regulations and is allowed to enact different measures to ensure compliance with the law (Section 3 Para. 2 BNatSchG).

All authorities responsible for enforcing a law or regulation that (also) serves the protection of the environment, should use the powers given to them in order to assure compliance with the law. If citizens observe a violation of the law, they can inform the responsible authority about it so that the latter responds to the violation. If the authority does not take action, citizens or recognised environmental associations with standing (see above) can file a case against the authority in front of the administrative courts.

IV. Civil and political rights

Freedom of peaceful assembly

A. How is children’s right to engage in peaceful assembly, including protests, protected in national law?

The right to engage in peaceful assembly, including protests, is protected by Article 8 Para. 1 GG. An assembly in the sense of Article 8 GG is a union of several persons, at least for a certain duration, for a common purpose. Children are also granted protection of fundamental rights in their relationship with the State. Interference with children’s freedom of assembly is subject to the same justification requirements as for adults. Children are also, in principle, holders of freedom of assembly.⁸⁸

Besides Article 8 Para. 1 GG, the right to engage in peaceful assemblies is also protected by the freedom of assembly legislation of the Federal States and, where States have not enacted such legislation, by the Federal Assembly Act (Versammlungsgesetz).

B. Are there any legal limitations on the right of children to engage in peaceful assemblies?

As mentioned above, there is no difference between adults and children concerning the protection of the constitutional right to assembly granted by Article 8 Para. 1 GG. The material scope of protection of Article 8 GG is limited by the conditions "peaceful" and "without weapons". Furthermore, the Assembly Act defines the restrictions for meetings in the open air that are set up in Article 8 Para. 2 GG.

C. What penalties can be imposed on children for engaging in school strikes?

In general, school education is compulsory (e.g. Section 43 Para. 1 S. 1 School Act North Rhine Westphalia – (Schulgesetz NRW – “NRWSchulG”). This is constitutionally anchored by the State education and upbringing mandate in Article 7 Para. 1 GG and the respective constitutions of the individual federal States.⁸⁹ As a result unexcused absence during school hours is an offence that can concern parents and pupils.

From the age of 14 unexcused absence can be a misdemeanour (Ordnungswidrigkeit) of the pupils according to Section 126 Para. 1 No. 5 NRWSchulG. Before the age of 14, the parents are held responsible for their children’s behaviour. The unexcused absence of their children can be regarded as a parental misdemeanour according to Section 126 Para. 1 No. 4 NRWSchulG. Misbehaviour can also result in imposing a fine (Section 126 Para. 2 NRWSchulG) or inner school educational and regulatory measures. Another penalty can be compulsory school attendance (forced admission to classes), if pedagogical measures do not promise success (Section 41 Para. 1 S. 1 NRWSchulG). Furthermore unexcused absences can find a listing on the graduation certificate (Sec. 49 Para. 2 S. 1 NRWSchulG).

Section 43 Para. 4 S. 1 NRWSchulG states that exemption of pupils from compulsory education is at the discretion of the head of school. Pupils or their parents have no right to get a justification of absence. There is only a right to a decision free of discretionary errors (ermessensfehlerfreie Entscheidung). The decision to justify an absence is based on an appreciation of constitutional values. The freedom of assembly from Article 8 Para. 1 GG and the parents' right to education from Article 6 Para. 2 S. 1 GG collides with the duty of school and State education and upbringing mandate from Article 7 Para. 1 GG.

A number of schools and authorities imposed punishments on students who skipped class to participate in climate protests in 2019.⁹⁰

Freedom of expression

A. How is children’s right to freedom of expression protected in national law? Are there any protections within the national constitution, legislation or developed through case law?

Children’s right to freedom of expression is protected in Article 5 Para. 1 GG. The GG protects freedom of expression both in the interest of the development of the personality of the individual and in the interest of the democratic process, for which it is of constitutive importance. Freedom of expression is directed against any public authority. Article 5 Para. 1 GG protects, both subjectively and objectively, the freedom to express and disseminate opinions on the one hand and freedom of information on the other, as complementary elements of a communication process. The process of communication is protected under objective law, and the freedom to participate in it under subjective law.⁹¹ Both German (§ 116 GG) and non-German natural persons hold the right to freedom of expression. According to Article 19 Para. 3 GG, legal persons are also holders of fundamental rights - freedom of opinion is by its very nature applicable to them.

B. Are there any legal limits or restrictions on the right to freedom of expression that specifically apply to children?

Article 5 Para. 1 GG protects their freedom of expression in form of opinions and factual claims whereas deliberately untrue factual claims or abusive criticism are not protected.

Freedom of association

A. How is children’s right to freedom of association protected in national law? Are there any protections within the national constitution, legislation or developed through case law?

Article 9 Para. 1 GG protects children’s right to freedom of association. It lays down the fundamental right of general freedom of association and, in its objective content, the principle of free social group formation.⁹² Natural and legal persons as founders or members of associations fall under the scope of protection.⁹³ Article 9 Para. 1 GG is a citizen’s right which means every German is protected (Article 116 GG).⁹⁴

B. Are there any legal limits or restrictions on the right to association that specifically apply to children?

The freedom of association, codified in Article 9 Para. 1 GG, is the constitutional background for the Federal Law of Association. The Federal Law of Association (Vereinsrecht) is incorporated into the German Civil Code. The accession to an association requires a valid declaration of intention. Children, who are of limited legal capacity (from age 7 to 18; see Section 106 BGB) are not able to give effect to a declaration of intent. Therefore, they rely on their parents’ consent to join an association.

Access to information

A. How is children’s right to access information protected in national law? Are there any protections within the national constitution, legislation or developed through case law?

Article 5 Para. 1 GG grants freedom of information. Everyone has the right to obtain information from generally accessible sources without hindrance. The right of access to information does not cover matters of internal and external security, investigation and legal proceedings, intellectual property, industrial and business secrets and personal data. In general, the principle applies that the right of access to information is not allowed to violate the right of informational self-determination granted in Article 2 Para. 1 GG. Concerning official information, the Freedom of Information Act grants a right to access to information against public authorities. ‘Official information' means any record for official purposes.

B. Are there any legal limits or restrictions on the right to access information that apply specifically to children?

In Germany, the access to social media platforms is restricted for children under 16 years. Article 8 GDPR (Datenschutzgrundverordnung – “DSGVO”) states that social media platforms are only allowed to store personal data if the data emitter is at the age of 16 or older. In all other cases the sign-in depends on parental consent.

C. Does the national curriculum for schools include environmental education?

In Germany, the federal State’s possess the legislative powers for educational matters. This leads to the nonexistence of a national curriculum that applies for the whole country. Each of the 16 federal States are responsible for their own curriculum. Nevertheless, the Federal Ministry for the Environment, Nature Conservation and Nuclear Safety provides educational material concerning environmental issues that can be used in schools.⁹⁵

End notes

¹ Constitution of the Federal Republic of Germany, available at: https://www.bmi.bund.de/EN/topics/constitution/constitutional-issues/constitutional-issues.html.

² German Federal Government, Children's rights to be enshrined in the German Basic Law, available at: https://www.bundesregierung.de/breg-en/service/archive/rights-of-child-in-basic-law-1841338.

³ Human rights conventions are equal in status to ordinary federal statutes, according to article 59.2 of the GG, and thus German courts are required to apply the provisions through interpretation, as is the case with all federal statute law. See Simon Weedy, Council of Europe clashes with Germany over child rights and the constitution (Child in the City, 2021), available at: https://www.childinthecity.org/2021/09/02/council-of-europe-clashes-with-germany-over-child-rights-and-the-constitution/. See also the letter from the Federal Ministry for Family Affairs, Senior Citizens, Women and Youth of Germany to the Council of Europe’s Commissioner for Human Rights, available (in German) at: https://rm.coe.int/reply-of-ms-christine-lambrecht-federal-minister-for-family-affairs-of/1680a39fb0.

⁴ UN General Assembly, Resolution A/76/L.75 of 28 July 2022, available at: https://digitallibrary.un.org/record/3982508.

⁵ BVerfG, Order of the First Senate of 24 March 2021 - 1 BvR 2656/18 -, paras. 1-270, available at: http://www.bverfg.de/e/rs20210324_1bvr265618en.html.

⁶ ACRiSL Case Law Database, Neubauer et al. v Germany, Case No. BvR 2656/18/1, BvR 78/20/1, BvR 96/20/1, BvR 288/20 - Germany, available at: https://www.acrisl.org/casenotes/m2ll8m8skjpglk8-83mk2-k5yza-dcafy-x5ztr-bjfxk-c9y55-5ryfp. See also Climate Case Chart, Neubauer et al. v. Germany, available at: http://climatecasechart.com/non-us-case/neubauer-et-al-v-germany/.

⁷ BVerfG, Judgment of the First Senate of 6 December 2016 - 1 BvR 2821/11 -, available at: https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2016/12/rs20161206_1bvr282111en.html.

⁸ BVerfG, Beschluss der 3. Kammer des Ersten Senats vom 08. Dezember 2015 - 1 BvR 1864/14 -, available (in German) at: https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2015/12/rk20151208_1bvr186414.html.

⁹ BVerfG, Judgment of the First Senate of 5 November 2014 - 1 BvF 3/11 -, available at: https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2014/11/fs20141105_1bvf000311.html.

¹⁰ BVerfG, Judgment Spruchkoerper_ of 17 December 2013 - 1 BvR 3139/08 -, available at: https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2013/12/rs20131217_1bvr313908en.html.

¹¹ BVerfG, Judgment of the First Senate of 24 November 2010 - 1 BvF 2/05 -, available at: http://www.bverfg.de/e/fs20101124_1bvf000205en.html.

¹² BVerfG, Beschluss des Zweiten Senats vom 12. Oktober 2010 - 2 BvF 1/07 -, available (in German) at: http://www.bverfg.de/e/fs20101012_2bvf000107.html.

¹³ BVerfG, Beschluss des ersten Senats vom 25.07.2007, 1 BvR 1031/07, para. 54, available (in German) at: https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/DE/2007/07/rk20070725_1bvr103107.html.

¹⁴ BVerfG, Beschluss des Ersten Senats vom 13. März 2007 - 1 BvF 1/05 -, available at: https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2007/03/fs20070313_1bvf000105en.html.

¹⁵ BVerfG, Beschluss des Zweiten Senats vom 05. Dezember 2001 - 2 BvG 1/00 -, available (in German) at: http://www.bverfg.de/e/gs20011205_2bvg000100.html.

¹⁶ BVerfG, Beschluss der 1. Kammer des Ersten Senats vom 05. September 2001 - 1 BvR 481/01 -, available (in German) at: http://www.bverfg.de/e/rk20010905_1bvr048101.html.

¹⁷ Wolfgang, Karl, „Soziale Gerechtigkeit” oder Generationengerechtigkeit? Zur Notwendigkeit der Wiederbelebung einer verfassungspolitischen Debatte aus aktuellem Anlass. 47. Jahrg., H. 1 (23rd January 2014). Available at: https://www.jstor.org/stable/24771070.

¹⁸ Ibid.

¹⁹ BVerfG, order of the First Senate of 24 March 2021 – 1 BvR 2656/17, para. 193, available at: http://www.bverfg.de/e/rs20210324_1bvr265618en.html.

²⁰ BVerfG, Beschl. v. 24.03.2021, 1 BvR 2656/18, para. 206, available at: https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2021/03/rs20210324_1bvr265618en.html.

²¹ BVerfG, Beschl. v. 24.03.2021, 1 BvR 2656/18, para. 192, available at: https://www.bundesverfassungsgericht.de/SharedDocs/Entscheidungen/EN/2021/03/rs20210324_1bvr265618en.html.

²² BAG, 3. Senat Urteil vom 19.3.2019 – 3 AZR 201/17, Rn. 141 on company retirement provisions, available (in German) at: https://www.bundesarbeitsgericht.de/entscheidung/3-azr-201-17/; BSG, Urteil vom 26.2.2019, B 12 KR 17/18 R on life insurances in context of company retirement provisions, available (in German) at: https://www.bsg.bund.de/SharedDocs/Entscheidungen/DE/2019/2019_02_26_B_12_KR_17_18_R.html; BVerwG, Beschluss vom 16.04.2010 - 8 B 118/09 on professional pension schemes, available (in German) at: https://dejure.org/dienste/vernetzung/rechtsprechung?Text=8%20B%20118.09; BVerfG (3. Kammer des Ersten Senats), Beschluss vom 3.6.2014 – 1 BvR 79/09, 1 BvR 1235/09, 1 BvR 1298/09, 1 BvR 1701/09, 1 BvR 3148/10 on the ratio of adjusting pensions while raising health insurance fees, available (in German) at: https://dejure.org/dienste/vernetzung/rechtsprechung?Gericht=BVerfG&Datum=03.06.2014&Aktenzeichen=1%20BvR%2079%2F09.

²³ List of German Environmental Laws on BMU Website. Available at: https://www.bmuv.de/en/ministry/acts-ordinances.

²⁴ Fuel Emissions Trading Act, available at: https://www.bmuv.de/en/law/fuel-emissions-trading-act.

²⁵ Federal Nature Conservation Act, available at: https://leap.unep.org/countries/de/national-legislation/federal-nature-conservation-act.

²⁶ Federal Climate Change Act, available at: https://www.bmuv.de/fileadmin/Daten_BMU/Download_PDF/Gesetze/ksg_final_en_bf.pdf.

²⁷ Packaging Act, available at: https://verpackungsgesetz-info.de/en/.

²⁸ Federal Soil Protection Act, available at: https://www.umweltbundesamt.de/en/topics/soil-land/soil-protection/soil-protection-law#national-law.

²⁹ Environmental Impact Assessment Act, available at: https://www.umweltbundesamt.de/en/topics/soil-land/soil-protection/soil-protection-law.

³⁰ Environmental Impact Assessment Act, available at: https://www.gesetze-im-internet.de/uvpg/.

³¹ Act on Supplementary Provisions on Legal Remedies in Environmental Matters, available at: https://www.gesetze-im-internet.de/umwrg/.

³² Act on the peaceful use of nuclear energy and protection against its dangers, available at: http://www.gesetze-im-internet.de/atg/index.html.

³³ Environmental Information Act, available at: https://www.gesetze-im-internet.de/uig_2005/.

³⁴ Federal Immission Control Act, available at: https://www.gesetze-im-internet.de/bimschg/.

³⁵ Battery Act, available at: https://www.gesetze-im-internet.de/battg/BJNR158210009.html.

³⁶ Environmental Statistics Act, available at: https://www.gesetze-im-internet.de/ustatg_2005/index.html.

³⁷ Radiation Protection Act, available at: https://www.gesetze-im-internet.de/strlschg/.

³⁸ Project Mechanisms Act, available at: https://www.gesetze-im-internet.de/promechg/BJNR282610005.html.

³⁹ Recycling Management Act, available at: https://www.gesetze-im-internet.de/krwg/.

⁴⁰ Waste Shipment Act, available at: https://www.gesetze-im-internet.de/abfverbrg_2007/.

⁴¹ Electrical and Electronic Equipment Act, available at: https://www.gesetze-im-internet.de/elektrog_2015/.

⁴² Aircraft Noise Act, available at: https://www.gesetze-im-internet.de/flul_rmg/.

⁴³ Act on Public Participation in Environmental Matters, available at: https://www.bmuv.de/gesetz/gesetz-ueber-die-oeffentlichkeitsbeteiligung-in-umweltangelegenheiten-nach-der-eg-richtlinie-2003-35-eg.

⁴⁴ End-of-Life Vehicles Ordinance, available at: https://www.buzer.de/gesetz/7382/index.htm.

⁴⁵ Waste Water Levy Act, available at: http://www.gesetze-im-internet.de/abwag/.

⁴⁶ Environmental Liability Act, available at: https://www.gesetze-im-internet.de/umwelthg/.

⁴⁷ Chemicals Act, available at: https://www.gesetze-im-internet.de/chemg/.

⁴⁸ Water Management Act, available at: https://www.gesetze-im-internet.de/whg_2009/.

⁴⁹ Environmental Damage Act, available at: https://www.gesetze-im-internet.de/uschadg/.

⁵⁰ Genetic Engineering Act, available at: https://www.gesetze-im-internet.de/gentg/BJNR110800990.html.

⁵¹ Plant Protection Act, available at: https://www.gesetze-im-internet.de/pflschg_2012/.

⁵² Eleanor Hawke, PFAS in German children: Human biomonitoring data highlight urgent need for group restriction (ChemTrust, 2020), available at: https://chemtrust.org/pfas-in-german-children/; Wesley Rahn, Level of plastic in children's bodies 'alarming' (DW, 2019). The results of the survey are available at: https://www.sciencedirect.com/science/article/pii/S1438463920300584.

⁵³ Ibid.

⁵⁴ Ibid.

⁵⁵ Ibid.

⁵⁶ Environment Federal Office website on the pollutant release and transfer register, available at: https://www.umweltbundesamt.de/tags/schadstofffreisetzungs-und-verbringungsregister.

⁵⁷ Kyiv Protocol on Pollutant Release and Transfer Registers, available at: https://eur-lex.europa.eu/EN/legal-content/summary/kyiv-protocol-on-pollutant-release-and-transfer-registers.html.

⁵⁸ German PRTR Act, available at: http://www.gesetze-im-internet.de/schadregprotag/.

⁵⁹ E-PRTR Website, available at: https://environment.ec.europa.eu/topics/industrial-emissions-and-accidents/european-pollutant-release-and-transfer-register-e-prtr_en.

⁶⁰ German Criminal Code, available at: https://www.gesetze-im-internet.de/stgb/.

⁶¹ German Code of Crimes against International Law, available at: https://www.gesetze-im-internet.de/englisch_vstgb/englisch_vstgb.html.

⁶² Regulation (EC) No 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II), available at: https://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:199:0040:0049:EN:PDF/.

⁶³ Ibid.

⁶⁴ Ibid.

⁶⁵ German Civil Code, available at: https://www.gesetze-im-internet.de/englisch_bgb/.

⁶⁶ For examples, see Deutsche Umwelthilfe, Press Release of 16.066.2022, available (in German) at https://www.duh.de/presse/pressemitteilungen/pressemitteilung/verbraeuchertaeuschung-mit-vermeintlicher-klimaneutralitaet/; Press Release 05.04.2023, available at https://www.duh.de/presse/pressemitteilungen/pressemitteilung/verbrauchertaeuschung-mit-vermeintlicher-klimaneutralitaet-deutsche-umwelthilfe-gewinnt-vor-gericht/. See also Kaiser et Al v Germany. Available at: http://climatecasechart.com/non-us-case/kaiser-et-al-v-volkswagen-ag/.

⁶⁷ For more information about the case visit: https://www.cleanenergywire.org/news/court-rules-german-drugstore-chain-must-stop-advertising-certain-products-climate-neutral; https://www.duh.de/presse/pressemitteilungen/pressemitteilung/deutsche-umwelthilfe-erzielt-grundsatzurteil-gegen-drogeriemarktkette-dm-zum-stopp-der-werbung-mit-a/.

⁶⁸ District Court of Karlsruhe, “Decision in the legal dispute about the advertising of products as "climate neutral" or "environmentally neutral"”, 26th July 2023, available at: https://landgericht-karlsruhe.justiz-bw.de/pb/,Lde/Startseite/Aktuelles/Entscheidung+im+Rechtsstreit+um+die+Bewerbung+von+Produkten+als+_klimaneutral_+oder+_umweltneutral_/?LISTPAGE=1160343.

⁶⁹ Act on Corporate Due Diligence Obligations in Supply Chains, available at: https://www.csr-in-deutschland.de/EN/Business-Human-Rights/Supply-Chain-Act/supply-chain-act.html.

⁷⁰ CRIN, Access to justice for children: Germany, page 7, question A, available at: https://home.crin.org/s/germany_access_to_justice.pdf.

⁷¹ Deutsche Umwelthilfe v Germany, available at: http://climatecasechart.com/non-us-case/deutsche-umwelthilfe-duh-v-germany/.

⁷² Supra note 68, page 4, question A.

⁷³ Environmental Remedies Act, available at: https://www.gesetze-im-internet.de/umwrg/.

⁷⁴ Supra note 68, page 4, question A.

⁷⁵ Supra note 68, page 2, question A.

⁷⁶ Available at: https://www.gesetze-im-internet.de/englisch_zpo/englisch_zpo.html.

⁷⁷ Supra note 68, page 9, question E.

⁷⁸ European Justice Portal, available at: https://e-justice.europa.eu/37129/EN/legal_aid?GERMANY&member=1.

⁷⁹ Law on Legal Advice and Representation for Citizens with Low Incomes (Advice Assistance Act - BerHG), available at: https://www.gesetze-im-internet.de/berathig/BJNR006890980.html.

⁸⁰ Supra note 68, page 3, question D.

⁸¹ Ibid, page 5, question B, available at: https://home.crin.org/s/germany_access_to_justice.pdf.

⁸² Umwelt Bundesamt, available at: https://www.umweltbundesamt.de/.

⁸³ German Environment Agency (UBA), available at: https://www.bmuv.de/en/ministry/federal-and-laender-authorities/german-environment-agency-uba.

⁸⁴ Integrated Plant Protection, Federal Ministry of Food and Agriculture, available at: https://www.nap-pflanzenschutz.de/en/integrated-plant-protection.

⁸⁵ Federal Law Gazette (BGBl.) – Official Gazette of the Federal Republic of Germany Online archive of the editions published from 1949 to 2022, available at: https://www.bgbl.de/xaver/bgbl/start.xav#__bgbl__%2F%2F*%5B%40attr_id%3D%27willkommen%27%5D__1682085484260.

⁸⁶ European Chemicals Agency, available at: https://echa.europa.eu/regulations/reach/understanding-reach.

⁸⁷ Sec. 1 Para. 1, Act on the Establishment of a Federal Environmental Agency (Gesetz über die Errichtung eines Umweltbundesamt), available at: https://leap.unep.org/countries/de/national-legislation/act-establishment-federal-environment-agency.

⁸⁸ Depenheuer in Maunz/Dürig, GG Kommentar, Werkstand: 89. EL Oktober 2019, Art. 8 GG, Rn. 103.

⁸⁹ NVwZ 2019, 598, Friedrich: “Fridays for Future” statt Freitag in der Schule: Unterrichtsbefreiung für Schülerstreik?, available at: https://beck-online.beck.de/Dokument?vpath=bibdata%2Fzeits%2Fnvwz%2F2019%2Fcont%2Fnvwz.2019.598.1.htm&anchor=Y-300-Z-NVWZ-B-2019-S-598-N-1.

⁹⁰ CRIN, Submission on the Draft General Comment 37 of the Human Rights Committee on the right of peaceful assembly, February 2020, available at: https://home.crin.org/evidence/un-submissions.

⁹¹ Schemmer in Epping/Hillgruber, BeckOK Grundgesetz, 42. Edition, Stand: 01. Dezember 2019, Art. 5 GG, Rn. 1.

⁹² Cornils in Epping/Hillgruber, BeckOK Grundgesetz, 42. Edition, Stand 01. Dezember 2019, Art. 9 GG, Rn. 1, available at: https://beck-online.beck.de/Dokument?vpath=bibdata%2Fkomm%2Fbeckokgg_54%2Fgg%2Fcont%2Fbeckokgg.gg.a2.htm&anchor=Y-400-W-BECKOKGG-G-GG-A-2.

⁹³ Ibid. Art. 9 GG, Rn. 3.

⁹⁴ Ibid. Art. 9 GG, Rn 4.

⁹⁵ For further information concerning educational material: https://www.umwelt-im-unterricht.de/.

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