German Handelsblatt: Car manufacturer: Court allows new climate lawsuit against VW – but expresses doubts005914

Greenpeace protest at VW in December 2021

The plaintiffs want to have the car manufacturer ban the sale of vehicles with internal combustion engines from 2030.

(Photo: dpa)

Volkswagen has to face the demands of climate protectors for a combustion engine stop before another court. The 6th civil chamber of the Braunschweig regional court said on Tuesday that it considered a Greenpeace-supported lawsuit against the carmaker to be formally admissible. It is questionable, however, whether it is justified.
The judge said in a preliminary assessment that the weighing up would depend on whether the plaintiffs would have to endure an impairment of their fundamental rights as a result of environmental pollution. If that is the case, an injunction cannot be demanded. “We’re assuming that so far.” For January 31, the court set a date for the pronouncement.

Greenpeace expressed satisfaction that the lawsuit had not been dismissed. “We are in the middle of an argument and that’s a good thing,” said lawyer Roda Verheyen on the sidelines of the hearing. According to the court, the plaintiffs argued in the process with the climate decision of the Federal Constitutional Court and argued that they were “violated in their property, their health and their right to receive greenhouse gas-related freedom”.
VW sees its legal position strengthened. “The plaintiffs have no claims against Volkswagen,” said attorney Wolf Spieth. The carmaker argues that it is the task of the legislature to shape climate protection. “Disputes before civil courts through lawsuits against individual companies singled out for this, on the other hand, are not the place and the means to do justice to this responsible task.” Therefore, the dismissal of the lawsuit has been requested.

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A spokesman pointed out that the court had emphasized the separation of powers. In this way, demands could be made against the state on climate issues, but not against individuals or companies.
The plaintiffs, supported by Greenpeace, want the carmaker to be banned from selling vehicles with internal combustion engines from 2030. In addition, the company is to be committed to reducing CO2 emissions by 65 percent by the end of the decade compared to 2018.
A similar case, in which an organic farmer is suing VW, has been going on for some time before the Detmold district court. This should continue in early February.
More: VW shareholders want to force car manufacturers to be more transparent in lobbying

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