Categories
2022 Children and young people Deciding Body Domestic court Emissions reductions/mitigation Germany Keywords Paris Agreement Right to life Rights at stake State concerned Year

Matteo Feind et al. v. Niedersachsen

Summary:
This case is one of ten separate constitutional complaints and one subsidiary popular complaint supported by the NGO Deutsche Umwelthilfe against ten German States (“Bundesländer”). It was brought by five young people against the German State of Niedersachsen in the wake of the Neubauer v. Germany judgment of the German Bundesverfassungsgericht. They contest the State’s failure to chart a course towards greenhouse gas emissions reductions by adopting legislation on climate protection. Like in the eleven related cases, the plaintiffs here argue that the Bundesländer share responsibility for protecting their lives and civil liberties, along with those of future generations, within their respective spheres of competence. According to the plaintiffs, the lack of legislation on climate action on the state level violates the German Constitution and the reductions regime under the Paris Agreement. They also submit that they have a fundamental right to defend themselves against future rights impacts caused by the lack of climate measures.

According to the plaintiffs, Niedersachsen’s Climate Protection Act goals for the years 2030 (reduction by 55%) and 2050 (climate neutrality), are insufficient. The plaintiffs argue that Niedersachsen’s climate neutrality goal for 2050 violated federal law, where climate neutrality was stipulated for 2045.

On 18 January 2022, the First Senate of the Federal Constitutional Court dismissed all eleven complaints for lack of adequate prospects of success. In alignment with its argumentation in Neubauer v. Germany, the First Senate recognized that the burden of CO2 emissions reductions must not be unilaterally offloaded onto future generations. However, the First Senate stated the individual legislators of the Bundesländer have not been been given an overall reduction target to comply with, even at the expense of freedom protected by fundamental rights. Thus, according to the First Senate’s decision, a violation of the obligations to protect the complainants from the dangers of climate change cannot be established. As regards to the Bundesländer, the First Senate clarified that they still have a responsibility to protect the climate, particularly by virtue of Article 20a of the German Constitution.

Rights invoked:
The applicants invoked violations of freedoms guaranteed under the domestic Constitution, especially those in Art. 2(2) of the German Constitution (right to life and physical integrity and freedom of the person), in combination with Article 20a of the Constitution (protection of the natural foundations of life and of animals). They invoked these rights in their ‘intertemporal dimension’, i.e. taking on the framing of the Neubauer case, which considered that failure to act now on climate change means excessively impacting future freedoms.

Date of decision:

18 January 2022

Suggested citation:
German Bundesverfassungsgericht, Matteo Feind et al. v. Niedersachsen, Decision of the First Senate of 18 January 2022 – 1 BvR 1565/21 et al.

Related proceedings:
For the other related cases see:

Luca Salis et al. v. Sachsen-Anhalt

Lemme et al. v. Bayern

Emma Johanna Kiehm et al. v. Brandenburg

Alena Hochstadt et al. v. Hessen

Otis Hoffman et al. v. Mecklenburg-Vorpommern

Leonie Frank et al. v. Saarland

Tristan Runge et al. v. Sachsen

Jannis Krüssmann et al. Nordrhein-Westfalen (NWR)

Cosima Rade et al. v. Baden-Württemberg

Links:

For the decision in German, see here.

Categories
2022 Children and young people Deciding Body Domestic court Emissions reductions/mitigation Germany Keywords Paris Agreement Right to life Rights at stake State concerned Year

Cosima Rade et al. v. Baden-Württemberg

Summary:
This case is one of ten separate constitutional complaints and one subsidiary popular complaint supported by the NGO Deutsche Umwelthilfe against ten German States (“Bundesländer”). It was brought by five young people against the German State of Baden-Württemberg in the wake of the Neubauer v. Germany judgment of the German Bundesverfassungsgericht. They contest the State’s failure to chart a course towards greenhouse gas emissions reductions by adopting legislation on climate protection. Like in the eleven related cases, the plaintiffs here argue that the Bundesländer share responsibility for protecting their lives and civil liberties, along with those of future generations, within their respective spheres of competence. According to the plaintiffs, the lack of legislation on climate action on the state level violates the German Constitution and the reductions regime under the Paris Agreement. They also submit that they have a fundamental right to defend themselves against future rights impacts caused by the lack of climate measures.

Baden-Wüttemberg’s Climate Protection Act of 2013 was revised on October 11, 2021, replacing the GHG reduction of 90% by 2050 with climate neutrality by 2040 and an emissions reduction of 65% by 2030. According to the plaintiffs, this Climate Protection Act left much of the implementation to the executive branch, which could be guided by political interests. Furthermore, the plaintiffs criticized the lack of measurable targets.

On 18 January 2022, the First Senate of the Federal Constitutional Court dismissed all eleven complaints for lack of adequate prospects of success. In alignment with its argumentation in Neubauer v. Germany, the First Senate recognized that the burden of CO2 emissions reductions must not be unilaterally offloaded onto future generations. However, the First Senate stated the individual legislators of the Bundesländer have not been been given an overall reduction target to comply with, even at the expense of freedom protected by fundamental rights. Thus, according to the First Senate’s decision, a violation of the obligations to protect the complainants from the dangers of climate change cannot be established. As regards to the Bundesländer, the First Senate clarified that they still have a responsibility to protect the climate, particularly by virtue of Article 20a of the German Constitution.

Rights invoked:
The applicants invoked violations of freedoms guaranteed under the domestic Constitution, especially those in Art. 2(2) of the German Constitution (right to life and physical integrity and freedom of the person), in combination with Article 20a of the Constitution (protection of the natural foundations of life and of animals). They invoked these rights in their ‘intertemporal dimension’, i.e. taking on the framing of the Neubauer case, which considered that failure to act now on climate change means excessively impacting future freedoms.

Date of decision:

18 January 2022

Suggested citation:
German Bundesverfassungsgericht, Cosima Rade et al. v. Baden-Württemberg, Decision of the First Senate of 18 January 2022 – 1 BvR 1565/21 et al.

Related proceedings:
For the other related cases see:

Luca Salis et al. v. Sachsen-Anhalt

Lemme et al. v. Bayern

Emma Johanna Kiehm et al. v. Brandenburg

Alena Hochstadt et al. v. Hessen

Otis Hoffman et al. v. Mecklenburg-Vorpommern

Leonie Frank et al. v. Saarland

Tristan Runge et al. v. Sachsen

Jannis Krüssmann et al. Nordrhein-Westfalen (NWR)

Matteo Feind et al. v. Niedersachsen

Links:

For the decision in German, see here.

Categories
2022 Children and young people Deciding Body Domestic court Emissions reductions/mitigation Germany Keywords Paris Agreement Right to life Rights at stake State concerned Year

Jannis Krüssmann et al. v. Nordrhein-Westfalen (NWR)

Summary:
This case is one of ten separate constitutional complaints and one subsidiary popular complaint supported by the NGO Deutsche Umwelthilfe against ten German States (“Bundesländer”). It was brought by four young people against the German State of Nordrhein-Westfalen (NWR) in the wake of the Neubauer v. Germany judgment of the German Bundesverfassungsgericht. They contest the State’s failure to chart a course towards greenhouse gas emissions reductions by adopting legislation on climate protection. Like in the eleven related cases, the plaintiffs here argue that the Bundesländer share responsibility for protecting their lives and civil liberties, along with those of future generations, within their respective spheres of competence. According to the plaintiffs, the lack of legislation on climate action on the state level violates the German Constitution and the reductions regime under the Paris Agreement. They also submit that they have a fundamental right to defend themselves against future rights impacts caused by the lack of climate measures.

NWR is the state with the biggest population and the highest greenhouse gas emissions. Its 2013 Climate Protection Act was revised on 1 July 2021. According to the plaintiffs, the targets for the years 2030 (greenhouse gas reduction by 65%) and 2040 (reduction by 88%), are insufficient.

On 18 January 2022, the First Senate of the Federal Constitutional Court dismissed all eleven complaints for lack of adequate prospects of success. In alignment with its argumentation in Neubauer v. Germany, the First Senate recognized that the burden of CO2 emissions reductions must not be unilaterally offloaded onto future generations. However, the First Senate stated the individual legislators of the Bundesländer have not been been given an overall reduction target to comply with, even at the expense of freedom protected by fundamental rights. Thus, according to the First Senate’s decision, a violation of the obligations to protect the complainants from the dangers of climate change cannot be established. As regards to the Bundesländer, the First Senate clarified that they still have a responsibility to protect the climate, particularly by virtue of Article 20a of the German Constitution.

Rights invoked:
The applicants invoked violations of freedoms guaranteed under the domestic Constitution, especially those in Art. 2(2) of the German Constitution (right to life and physical integrity and freedom of the person), in combination with Article 20a of the Constitution (protection of the natural foundations of life and of animals). They invoked these rights in their ‘intertemporal dimension’, i.e. taking on the framing of the Neubauer case, which considered that failure to act now on climate change means excessively impacting future freedoms.

Date of decision:

18 January 2022

Suggested citation:
German Bundesverfassungsgericht, Jannis Krüssmann et al. v. Nordrhein-Westfalen (NWR), Decision of the First Senate of 18 January 2022 – 1 BvR 1565/21 et al.

Related proceedings:
For the other related cases see:

Luca Salis et al. v. Sachsen-Anhalt

Lemme et al. v. Bayern

Emma Johanna Kiehm et al. v. Brandenburg

Alena Hochstadt et al. v. Hessen

Otis Hoffman et al. v. Mecklenburg-Vorpommern

Leonie Frank et al. v. Saarland

Tristan Runge et al. v. Sachsen

Cosima Rade et al. v. Baden-Württemberg

Matteo Feind et al. v. Niedersachsen

Links:

For the decision in German, see here.

Categories
2022 Children and young people Deciding Body Domestic court Germany Indigenous peoples' rights Keywords Paris Agreement Right to life Rights at stake State concerned Year

Tristan Runge et al. v. Sachsen

Summary:
This case is one of ten separate constitutional complaints and one subsidiary popular complaint supported by the NGO Deutsche Umwelthilfe against ten German States (“Bundesländer”). It was brought by three young people against the German State of Sachsen in the wake of the Neubauer v. Germany judgment of the German Bundesverfassungsgericht. They contest the State’s failure to chart a course towards greenhouse gas emissions reductions by adopting legislation on climate protection. Like in the eleven related cases, the plaintiffs here argue that the Bundesländer share responsibility for protecting their lives and civil liberties, along with those of future generations, within their respective spheres of competence. According to the plaintiffs, the lack of legislation on climate action on the state level violates the German Constitution and the reductions regime under the Paris Agreement. They also submit that they have a fundamental right to defend themselves against future rights impacts caused by the lack of climate measures.

Sachsen does not have a climate law as an initiative from 2020 failed to move forward.

On 18 January 2022, the First Senate of the Federal Constitutional Court dismissed all eleven complaints for lack of adequate prospects of success. In alignment with its argumentation in Neubauer v. Germany, the First Senate recognized that the burden of CO2 emissions reductions must not be unilaterally offloaded onto future generations. However, the First Senate stated the individual legislators of the Bundesländer have not been been given an overall reduction target to comply with, even at the expense of freedom protected by fundamental rights. Thus, according to the First Senate’s decision, a violation of the obligations to protect the complainants from the dangers of climate change cannot be established. As regards to the Bundesländer, the First Senate clarified that they still have a responsibility to protect the climate, particularly by virtue of Article 20a of the German Constitution.

Rights invoked:
The applicants invoked violations of freedoms guaranteed under the domestic Constitution, especially those in Art. 2(2) of the German Constitution (right to life and physical integrity and freedom of the person), in combination with Article 20a of the Constitution (protection of the natural foundations of life and of animals). They invoked these rights in their ‘intertemporal dimension’, i.e. taking on the framing of the Neubauer case, which considered that failure to act now on climate change means excessively impacting future freedoms.

Date of decision:

18 January 2022

Suggested citation:
German Bundesverfassungsgericht, Tristan Runge et al. v. Sachsen, Decision of the First Senate of 18 January 2022 – 1 BvR 1565/21 et al.

Related proceedings:
For the other related cases see:

Luca Salis et al. v. Sachsen-Anhalt

Lemme et al. v. Bayern

Emma Johanna Kiehm et al. v. Brandenburg

Alena Hochstadt et al. v. Hessen

Otis Hoffman et al. v. Mecklenburg-Vorpommern

Leonie Frank et al. v. Saarland

Jannis Krüssmann et al. Nordrhein-Westfalen (NWR)

Cosima Rade et al. v. Baden-Württemberg

Matteo Feind et al. v. Niedersachsen

Links:

For the decision in German, see here.

Categories
2022 Children and young people Committee on the Rights of the Child Deciding Body Domestic court Emissions reductions/mitigation Germany Keywords Paris Agreement Right to life Rights at stake State concerned Year

Leonie Frank et al. v. Saarland

Summary:
This case is one of ten separate constitutional complaints and one subsidiary popular complaint supported by the NGO Deutsche Umwelthilfe against ten German States (“Bundesländer”). It was brought by two young people against the German State of Saarland in the wake of the Neubauer v. Germany judgment of the German Bundesverfassungsgericht. They contest the State’s failure to chart a course towards greenhouse gas emissions reductions by adopting legislation on climate protection. Like in the eleven related cases, the plaintiffs here argue that the Bundesländer share responsibility for protecting their lives and civil liberties, along with those of future generations, within their respective spheres of competence. According to the plaintiffs, the lack of legislation on climate action on the state level violates the German Constitution and the reductions regime under the Paris Agreement. They also submit that they have a fundamental right to defend themselves against future rights impacts caused by the lack of climate measures.

Saarland does not have a climate law as an initiative from 2015 failed to move forward.

On 18 January 2022, the First Senate of the Federal Constitutional Court dismissed all eleven complaints for lack of adequate prospects of success. In alignment with its argumentation in Neubauer v. Germany, the First Senate recognized that the burden of CO2 emissions reductions must not be unilaterally offloaded onto future generations. However, the First Senate stated the individual legislators of the Bundesländer have not been been given an overall reduction target to comply with, even at the expense of freedom protected by fundamental rights. Thus, according to the First Senate’s decision, a violation of the obligations to protect the complainants from the dangers of climate change cannot be established. As regards to the Bundesländer, the First Senate clarified that they still have a responsibility to protect the climate, particularly by virtue of Article 20a of the German Constitution.

Rights invoked:
The applicants invoked violations of freedoms guaranteed under the domestic Constitution, especially those in Art. 2(2) of the German Constitution (right to life and physical integrity and freedom of the person), in combination with Article 20a of the Constitution (protection of the natural foundations of life and of animals). They invoked these rights in their ‘intertemporal dimension’, i.e. taking on the framing of the Neubauer case, which considered that failure to act now on climate change means excessively impacting future freedoms.

Date of decision:

18 January 2022

Suggested citation:
German Bundesverfassungsgericht, Leonie Frank et al. v. Saarland, Decision of the First Senate of 18 January 2022 – 1 BvR 1565/21 et al.

Related proceedings:
For the other related cases see:

Luca Salis et al. v. Sachsen-Anhalt

Lemme et al. v. Bayern

Emma Johanna Kiehm et al. v. Brandenburg

Alena Hochstadt et al. v. Hessen

Otis Hoffman et al. v. Mecklenburg-Vorpommern

Tristan Runge et al. v. Sachsen

Jannis Krüssmann et al. Nordrhein-Westfalen (NWR)

Cosima Rade et al. v. Baden-Württemberg

Matteo Feind et al. v. Niedersachsen

Links:

For the decision in German, see here.

Categories
2022 Children and young people Deciding Body Domestic court Emissions reductions/mitigation Germany Keywords Paris Agreement State concerned Uncategorized

Otis Hoffman et al. v. Mecklenburg-Vorpommern

Summary:
This case is one of ten separate constitutional complaints and one subsidiary popular complaint supported by the NGO Deutsche Umwelthilfe against ten German States (“Bundesländer”). It was brought by three young people and two children against the German State of Mecklenburg-Vorpommern in the wake of the Neubauer v. Germany judgment of the German Bundesverfassungsgericht. They contest the State’s failure to chart a course towards greenhouse gas emissions reductions by adopting legislation on climate protection. Like in the eleven related cases, the plaintiffs here argue that the Bundesländer share responsibility for protecting their lives and civil liberties, along with those of future generations, within their respective spheres of competence. According to the plaintiffs, the lack of legislation on climate action on the state level violates the German Constitution and the reductions regime under the Paris Agreement. They also submit that they have a fundamental right to defend themselves against future rights impacts caused by the lack of climate measures.

On 18 January 2022, the First Senate of the Federal Constitutional Court dismissed all eleven complaints for lack of adequate prospects of success. In alignment with its argumentation in Neubauer v. Germany, the First Senate recognized that the burden of CO2 emissions reductions must not be unilaterally offloaded onto future generations. However, the First Senate stated the individual legislators of the Bundesländer have not been been given an overall reduction target to comply with, even at the expense of freedom protected by fundamental rights. Thus, according to the First Senate’s decision, a violation of the obligations to protect the complainants from the dangers of climate change cannot be established. As regards to the Bundesländer, the First Senate clarified that they still have a responsibility to protect the climate, particularly by virtue of Article 20a of the German Constitution.

Rights invoked:
The applicants invoked violations of freedoms guaranteed under the domestic Constitution, especially those in Art. 2(2) of the German Constitution (right to life and physical integrity and freedom of the person), in combination with Article 20a of the Constitution (protection of the natural foundations of life and of animals). They invoked these rights in their ‘intertemporal dimension’, i.e. taking on the framing of the Neubauer case, which considered that failure to act now on climate change means excessively impacting future freedoms.

Date of decision:

18 January 2022

Suggested citation:
German Bundesverfassungsgericht, Otis Hoffman et al. v. Mecklenburg-Vorpommern, Decision of the First Senate of 18 January 2022 – 1 BvR 1565/21 et al.

Related proceedings:
For the other related cases see:

Luca Salis et al. v. Sachsen-Anhalt

Lemme et al. v. Bayern

Emma Johanna Kiehm et al. v. Brandenburg

Alena Hochstadt et al. v. Hessen

Leonie Frank et al. v. Saarland

Tristan Runge et al. v. Sachsen

Jannis Krüssmann et al. Nordrhein-Westfalen (NWR)

Cosima Rade et al. v. Baden-Württemberg

Matteo Feind et al. v. Niedersachsen

Links:

For the decision in German, see here.

Categories
2022 Children and young people Deciding Body Domestic court Emissions reductions/mitigation Germany Keywords Paris Agreement Right to life Rights at stake State concerned Year

Alena Hochstadt et al. v. Hessen

Summary:
This case is one of ten separate constitutional complaints and one subsidiary popular complaint supported by the NGO Deutsche Umwelthilfe against ten German States (“Bundesländer”). It was brought by three young people against the German State of Hessen in the wake of the Neubauer v. Germany judgment of the German Bundesverfassungsgericht. They contest the State’s failure to chart a course towards greenhouse gas emissions reductions by adopting legislation on climate protection. Like in the eleven related cases, the plaintiffs here argue that the Bundesländer share responsibility for protecting their lives and civil liberties, along with those of future generations, within their respective spheres of competence. According to the plaintiffs, the lack of legislation on climate action on the state level violates the German Constitution and the reductions regime under the Paris Agreement. They also submit that they have a fundamental right to defend themselves against future rights impacts caused by the lack of climate measures.

In June 2021, Hessen’s Climate Change Act was introduced to the state parliament and is currently under debate. According to the plaintiffs, the Climate Change Act in its current version does not fulfil the constitutional obligations for climate protection.

On 18 January 2022, the First Senate of the Federal Constitutional Court dismissed all eleven complaints for lack of adequate prospects of success. In alignment with its argumentation in Neubauer v. Germany, the First Senate recognized that the burden of CO2 emissions reductions must not be unilaterally offloaded onto future generations. However, the First Senate stated the individual legislators of the Bundesländer have not been been given an overall reduction target to comply with, even at the expense of freedom protected by fundamental rights. Thus, according to the First Senate’s decision, a violation of the obligations to protect the complainants from the dangers of climate change cannot be established. As regards to the Bundesländer, the First Senate clarified that they still have a responsibility to protect the climate, particularly by virtue of Article 20a of the German Constitution.

Rights invoked:
The applicants invoked violations of freedoms guaranteed under the domestic Constitution, especially those in Art. 2(2) of the German Constitution (right to life and physical integrity and freedom of the person), in combination with Article 20a of the Constitution (protection of the natural foundations of life and of animals). They invoked these rights in their ‘intertemporal dimension’, i.e. taking on the framing of the Neubauer case, which considered that failure to act now on climate change means excessively impacting future freedoms.

Date of decision:

18 January 2022

Suggested citation:
German Bundesverfassungsgericht, Alena Hochstadt et al. v. Hessen, Decision of the First Senate of 18 January 2022 – 1 BvR 1565/21 et al.

Related proceedings:
For the other related cases see:

Luca Salis et al. v. Sachsen-Anhalt

Lemme et al. v. Bayern

Emma Johanna Kiehm et al. v. Brandenburg

Otis Hoffman et al. v. Mecklenburg-Vorpommern

Leonie Frank et al. v. Saarland

Tristan Runge et al. v. Sachsen

Jannis Krüssmann et al. Nordrhein-Westfalen (NWR)

Cosima Rade et al. v. Baden-Württemberg

Matteo Feind et al. v. Niedersachsen

Links:

For the decision in German, see here.

Categories
2022 Children and young people Deciding Body Domestic court Emissions reductions/mitigation Germany Keywords Paris Agreement Right to life Rights at stake State concerned Year

Emma Johanna Kiehm et al. v. Brandenburg

Summary:
This case is one of ten separate constitutional complaints and one subsidiary popular complaint supported by the NGO Deutsche Umwelthilfe against ten German States (“Bundesländer”). It was brought by three young people and three landowners against the German State of Brandenburg in the wake of the Neubauer v. Germany judgment of the German Bundesverfassungsgericht. They contest the State’s failure to chart a course towards greenhouse gas emissions reductions by adopting legislation on climate protection. Like in the eleven related cases, the plaintiffs here argue that the Bundesländer share responsibility for protecting their lives and civil liberties, along with those of future generations, within their respective spheres of competence. According to the plaintiffs, the lack of legislation on climate action on the state level violates the German Constitution and the reductions regime under the Paris Agreement. They also submit that they have a fundamental right to defend themselves against future rights impacts caused by the lack of climate measures.

On 18 January 2022, the First Senate of the Federal Constitutional Court dismissed all eleven complaints for lack of adequate prospects of success. In alignment with its argumentation in Neubauer v. Germany, the First Senate recognized that the burden of CO2 emissions reductions must not be unilaterally offloaded onto future generations. However, the First Senate stated the individual legislators of the Bundesländer have not been been given an overall reduction target to comply with, even at the expense of freedom protected by fundamental rights. Thus, according to the First Senate’s decision, a violation of the obligations to protect the complainants from the dangers of climate change cannot be established. As regards to the Bundesländer, the First Senate clarified that they still have a responsibility to protect the climate, particularly by virtue of Article 20a of the German Constitution.

Rights invoked:
The applicants invoked violations of freedoms guaranteed under the domestic Constitution, especially those in Art. 2(2) of the German Constitution (right to life and physical integrity and freedom of the person), in combination with Article 20a of the Constitution (protection of the natural foundations of life and of animals). They invoked these rights in their ‘intertemporal dimension’, i.e. taking on the framing of the Neubauer case, which considered that failure to act now on climate change means excessively impacting future freedoms.

Date of decision:

18 January 2022

Suggested citation:
German Bundesverfassungsgericht, Emma Johanna Kiehm et al. v. Brandenburg, Decision of the First Senate of 18 January 2022 – 1 BvR 1565/21 et al.

Related proceedings:
For the other related cases see:

Luca Salis et al. v. Sachsen-Anhalt

Lemme et al. v. Bayern

Alena Hochstadt et al. v. Hessen

Otis Hoffman et al. v. Mecklenburg-Vorpommern

Leonie Frank et al. v. Saarland

Tristan Runge et al. v. Sachsen

Jannis Krüssmann et al. Nordrhein-Westfalen (NWR)

Cosima Rade et al. v. Baden-Württemberg

Matteo Feind et al. v. Niedersachsen

Links:

For the decision in German, see here.

Categories
2021 Deciding Body Domestic court European Convention on Human Rights Keywords Paris Agreement Right to assembly and association Right to freedom of expression Rights at stake State concerned Switzerland Year

Credit Suisse Climate Activists Trial (Geneva)

Summary:
On 13 October 2018, during a climate march in Geneva, a young climate activist from the collective “BreakFree Suisse” spread his hands smeared with red paint all over the facade of the Swiss bank Credit Suisse, leaving red handprints to denounce investments in fossil fuels. According to the climate activist, these red handprints symbolized the blood of the various victims of climate change.

On 20 February 2020, the activist was found guilty by the Tribunal de police (“Police Court”) for property damage.

On 14 October 2020, the Cour de Justice (“Court of Justice”) acquitted the climate activist and argued that the young man had acted in a putative state of necessity due to climate change.

A year later, on 28 September 2021, the Swiss Bundesgericht (“Federal Supreme Court”) overturned this decision and referred the case back to the Cour de Justice. The Bundesgericht argued that climate change and the resulting consequences do not represent an imminent danger to individual legal interests.

Consequently, on 31 March 2022, the Cour de Justice revised its first decision and ordered the climate activist to pay a symbolic fine of 100 Swiss francs as well as compensation for material damage.

In a similar case in Lausanne, climate activists from the same collective were on trial after occupying the entrance halls of the Swiss bank Credit Suisse.  

Rights invoked:
The activist invoked his rights to freedom of expression (Article 10 European Convention on Human Rights (ECHR)) and assembly and association (Article 11 ECHR).

The Swiss Bundesgericht held that Article 11 ECHR only protects the right to freedom of “peaceful assembly”. With his behavior, the young man committed an act of vandalism, which is incompatible with freedom of expression. Accordingly, the Court found that the activist could not rely on Articles 10 and 11 ECHR.  

Further proceedings:
It was reported that applications concerning both of these cases have been filed at the European Court of Human Rights.

Date:
28 September 2021

Suggested citation:
Swiss Bundesgericht, N.B. v. Credit Suisse, 6B_1310/2020, 6B_1298/2020, Judgment of 28 September 2021.

Links:
For the Federal Supreme Court’s judgment, see here.

For the Cour de justice’s second judgment, see here.

For the Cour de Justice’s first judgment, see here.

For the Tribunal de police’s judgment, see here.

Categories
2021 Deciding Body Domestic court European Convention on Human Rights Imminent risk Keywords Paris Agreement Right to assembly and association Right to freedom of expression Rights at stake State concerned Switzerland Year

Credit Suisse Climate Activists Trial (Lausanne)

Summary:
On 22 November 2018, a group of 20 to 30 climate activists from the collective “BreakFree Suisse”, among them the 12 complainants, occupied the entry halls of the Swiss bank Credit Suisse in Lausanne to demonstrate against the bank’s investment in fossil fuels. The protest aimed to draw attention to this issue by condemning the participation of the Swiss tennis player Roger Federer in the advertising campaign of this bank. To do so, the activists were dressed in sports clothes and staged a tennis match. While some activists complied with the police request to leave the premises, others had to be dragged out by the police.

The activists argued that they had been in a “justifiable state of emergency” (rechtfertigender Notstand) due to climate change and that their protest was therefore lawful.

On 13 January 2020, the Tribunal de police de l’arrondissement de Lausanne (“Police Court of the district of Lausanne”) ruled in favor of the protesters. The judge found that climate change posed an imminent threat and that the protest was therefore a necessary and proportionate means to achieve the activists’ intended goal.

On 22 September 2020, this decision was overruled by the Tribunal Cantonal du Vaud (“Vaud Cantonal Tribunal”). The Court argued that the activists could have protested the bank by using other means, such as political or legal instruments. It further found that climate change is an imminent threat and that measures must be taken to address it. However, the Tribunal Cantonal du Vaud doubted that the protest could have led to a reduction in greenhouse gas emissions. Furthermore, it also noted that the Swiss government is aware of the issue and has already taken necessary measures, such as ratifying the Paris Agreement. Finally, the Court held that it is not yet too late to take the necessary protective measures to combat climate change.

On 26 May 2021, the Swiss Bundesgericht (“Swiss Federal Supreme Court”) mainly upheld the Tribunal Cantonal du Vaud’s decision. It argued further that climate change may be considered an imminent threat and that the activists did not intend to protect a specific legal interest, but rather collective interests, namely the environment, health, or the well-being of the population, and thus, the protest was not lawful.

In a similar case in Geneva, a climate activist from the same collective was on trial after putting red handprints all over the front of the Swiss bank Credit Suisse.

Rights invoked:
The complainants invoked their rights to freedom of expression (Article 10 European Convention on Human Rights (ECHR)) and assembly and association (Article 11 ECHR).

The Swiss Bundesgericht argued that the complainants are not entitled to invoke Articles 10 and 11 ECHR in this context because they had no right to enter private property to take their actions. The freedom of assembly does not include the right to gather on private property without the owner’s consent. Consequently, the claimants could not rely on Articles 10 and 11 ECHR.

Date of decision:
26 May 2021

Suggested case citation:
Swiss Bundesgericht, 12 climate protesters v. ministère public central du canton de Vaud, 6B_1295/2020, Judgment of 26 May 2021.


Links:
For the judgment of the Swiss Bundesgericht (in French), see here.

For the judgment of the Tribunal Cantonal du Vaud (in French), see here.

For the judgment of the Tribunal de police de l’arrondissement de Lausanne (in French), see here.