The Higher Administrative Court in Berlin-Brandenburg ruled that the traffic coalition government has not made adequate efforts to address air pollution in Germany.

Specifically, the court found that Germany’s “National Air Pollution Control Program” was not sufficient to meet emissions reduction targets that have been set by the EU.

The case was brought by the non-profit Deutsche Umwelthilfe (DUH), which focuses on enforcing environmental protections in Germany.

“This is a really good day for clean air in Germany,” DUH Federal Managing Director Jürgen Resch said after the ruling. “For the first time, the federal government has been sentenced to adopt and implement really effective additional measures for the reduction of air pollutants.”

In mid-May DUH had won another case against failed policies when the Higher Administrative Court (OVG) ruled that the federal government needs to tighten up its climate protection program.

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The decision is not yet legally binding as the government could appeal at the Federal Administrative Court in Leipzig.

What is the case about?

The case refers to a programme adopted by the German government in 2019, and then updated in May 2024, which included measures for reducing emissions from air pollutants. 

In addition to reducing air pollution, the programme is meant to keep Germany compliant with EU law.

In an effort to reduce human health risks, the EU Parliament has set rules requiring member states to take action toward reducing air pollutant emissions to certain levels by 2030.

The air pollutants in focus include ammonia, particulate matter, sulphur dioxide and nitrogen oxide. 

DUH suggests that Germany’s program is inadequate. In particular, the most recent data on emissions had not been accounted for.

Also, measures originally included have since been cancelled or weakened.

What new measures could we see?

Despite the likelihood of appeal, DUH Director Resch hopes to start talks with the transport, construction and environmental ministries about measures to significantly reduce nitrogen oxide emissions.

One measure that could help immediately would be setting a speed limit on the Autobahn. 

Environmental organisations have called for Autobahn speed limits for years. But despite public opinion polls that have shown that the majority of Germans would approve of the measure, the topic remains politically divisive. 

Finance Minister Christian Lindner of the liberal Free Democrat Party, for example, has previously called general speed limits “unnecessary”.

Ein generelles #Tempolimit auf deutschen Autobahnen halte ich für unnötig. Verbote braucht man da, wo sie nötig sind – nicht als Selbstzweck. Besser wären dynamische Tempolimits, die sich an Gefahren wie Nässe oder Verkehrsaufkommen orientieren. CL

— Christian Lindner (@c_lindner) October 17, 2019

After the ruling was announced, the Ministry of the Environment put out a statement acknowledging the decision and pledging to examine the ruling “comprehensively” as soon as it was available in writing.

How severe is air pollution in Germany?

Compared to other parts of the world, and even to other countries in Europe, Germany enjoys decent air quality – and it’s gotten better since 1990.

But air pollutants still pose a great danger to health and lead to a number of premature deaths and diseases such as asthma or cardiovascular diseases. 

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According to the DUH, around 28,000 people die prematurely in Germany every year due to nitrogen dioxide and 68,000 people due to particulate matter. 

Particulate matter is produced, for example, by emissions from motor vehicles and coal-fired power plants.

Recent developments that are expected to affect air pollution levels in Germany include: an amendment to the Building Energy Act which allows wood pellet heating systems, the end of state subsidies for electric vehicles, and a delay in the phase out of coal-fired power plants.