Munich Regional Court I dismisses climate change lawsuit against BMW

The directors of DUH had filed their action (81-page PDF/1,204 KB) in September 2021, claiming that the car manufacturer's sales of passenger cars lead to greenhouse gas emissions that result in unlawful interference with their general personal rights. They demanded that BMW reorganise its business in a climate-friendly way and "drastically reduce" the CO2 emissions of its vehicles. Specifically, they wanted the carmaker to be allowed to market only new passenger cars that emit a maximum of 604 million tonnes of CO2 between 1 January 2022 and 31 October 2030, or to demonstrate greenhouse gas neutrality for CO2 emissions above that amount. The three directors also demanded that BMW stop selling new passenger cars with combustion engines from 31 October 2030.

As the Regional Court of Munich I announced yesterday, BMW countered that the plaintiffs‘ claim based on the general right of personality failed because the limitation of vehicle emissions is regulated by EU law. The European regulations, which BMW claims to have fully complied with, take precedence over the claim for an injunction.

According to the court, BMW also argued that the DUH directors' statements about the future impact of vehicle emissions on society and the associated restrictions were too abstract to be used as a basis for injunctive relief. In addition, BMW invoked its fundamental rights to freedom of occupation and freedom of property, which would be restricted if the court were to grant the DUH directors' requests.

The Regional Court of Munich I came to the conclusion that the encroachment on the general right of personality asserted by the DUH directors could not be ruled out from the outset. However, at present, there was no danger of an unlawful encroachment on the scope of protection of the general right of personality. For this reason, the court held that the directors' claim for protection was not justified at the present time. It therefore dismissed the action, but left open the possibility that it could be upheld at a later date.

The court also pointed out that it must be taken into account that Germany and the EU had adopted a large number of regulations in order to achieve the goals of the Paris Agreement on climate protection. These regulations were based on a comprehensive consideration of the interests and concerns of all parties involved. In the absence of a legal regulation, the court took the view, that, at least for the time being, BMW does not have any legal obligations that go beyond its public law obligations.

The DUH directors announced that they would appeal to the Munich Higher Regional Court.

In addition to the lawsuit against BMW, the DUH directors have also sued the car manufacturer Mercedes-Benz. The Stuttgart Regional Court dismissed the action in September 2022 and the case is now before the Stuttgart Higher Regional Court.

Meanwhile, the Detmold Regional Court has scheduled its verdict in a climate case against Volkswagen for 24 February 2023. This case is being brought by an organic farmer with the support of Greenpeace.