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ECJ in Luxembourg: No right of action for everyone
Photo: Patrick Scheiber / Kegler / imago images
Individuals cannot sue the European Union's climate laws for stricter goals.
The European Court of Justice (ECJ) dismissed the claims of several families from EU countries as well as from Kenya and Fiji in the last instance.
The plaintiffs are "not individually affected" by this legislative package, according to a judgment of the European Court of Justice in Luxembourg published on Thursday
(case C-565/19).
The von Langeoog family had also sued
The families had sued against an EU legislative package from 2018 because the climate target set at the time for 2030 - 40 percent fewer greenhouse gases than in 1990 - was too low in the fight against global warming.
They wanted at least a 50 to 60 percent reduction to be stipulated.
The agriculture and tourism plaintiffs argued that they would suffer severe losses as a result of climate change.
Among the plaintiffs is a German family who lives on the North Sea island of Langeoog and who fear for their hotel because of the threat of sea level rise.
Because global emissions continue to rise and all previous climate protection efforts are barely successful, the climate crisis is increasingly preoccupying the courts around the world.
The Netherlands, for example, has been ruled to reduce CO2 emissions by 25 percent by 2020 compared to 1990 levels.
Families in Germany also sued for more climate protection.
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The General Court of the European Union (CFI) had already rejected the lawsuit against the EU in 2019 on the grounds that the plaintiffs did not meet the criteria for dealing with the case.
The fact that individual people are more restricted by climate change than others is also not enough.
EU wants to increase climate target
The ECJ has now confirmed the judgment of the court.
The argument alone that EU legislation violates one's own fundamental rights is not sufficient for the legal process.
In their judgment, the judges relied on the Treaty on the Functioning of the European Union (TFEU).
The fact that climate change could affect one person differently than another does not mean "that for this reason there is a power to bring an action against a measure of general application."
Otherwise this would have the consequence of "undermining the TFEU and creating a right of action for everyone".
Regardless of the case, it is now clear that the EU climate target for 2030 should be increased.
The heads of state and government have agreed to reduce greenhouse gases by at least 55 percent compared to 1990 levels.
Negotiations are currently underway with the European Parliament.
koe / dpa / AFP
