Who is liable for damages caused by climate change? This question has concerned many lawyers all around the globe in the last few years and is still one of the most controversial topics pertaining to climate protection law. Legal experts argue about the civil and public liability of corporations and the state on the one hand, and the suits against governments to force them to introduce more protective climate protection laws on the other hand. While in other countries many judgments have already been issued, there has been only one judgment in Germany so far and a second claim is pending. However, these claims have made climate change litigation popular. Against this background, this article aims to present the current situation of climate change litigation in Germany. For this aim it gives an overview of politics, the respective legislation and especially the jurisprudence regarding climate protection and climate damages, focusing on the legal problems that have emerged in practice and possible reform perspectives.
European Energy and Environmental Law Review