Categories
2021 Children and young people Domestic court Emissions reductions Fossil fuel extraction Imminent risk Indigenous peoples' rights Non-discrimination Right to life Right to property Sea-level rise United States of America

Aji P. and Others v. the State of Washington

Summary:
This case was brought by 13 young people aged between 8 and 18 who sued the US State of Washington, its Governor, and various other state agencies, arguing that the state had “injured and continue[d] to injure them by creating, operating, and maintaining a fossil fuel-based energy and transportation system that [the State] knew would result in greenhouse gas (“GHG”) emissions, dangerous climate change, and resulting widespread harm.” In doing so, they invoked their “fundamental and inalienable constitutional rights to life, liberty, property, equal protection, and a healthful and pleasant environment, which includes a stable climate system that sustains human life and liberty.” They also invoked the impacts on indigenous peoples’ rights. The plaintiffs requested the judiciary to “[o]rder [the state] to develop and submit to the Court . . . an enforceable state climate recovery plan”.

A number of amici filed briefs in the case. For example, the Swinomish Indian Tribal Community, Quinault Indian Nation, and Suquamish Tribe argued that local tribes were already seeing impacts on their traditional lands and abutting marine waters. The Environmental Law Alliance Worldwide (ELAW-US) noted the well-documented impacts of climate change on human and constitutional rights. The League of Women Voters of Washington argued that access to judicial action was particularly important for minors who did not enjoy access to the right to vote. And a group of environmental NGOs submitted that “the right to a healthful and pleasant environment underlies our continued ability to claim our explicitly-guaranteed rights to life and liberty.”

On 8 February 2021, the Court of Appeals of the State of Washington held that it “firmly believe[d] that the right to a stable environment should be
fundamental.” It also recognized “the extreme harm that greenhouse gas emissions inflict on the environment and its future stability.” However, it held that “it would be a violation of the separation of powers doctrine for the court to resolve the Youths’ claims.” It accordingly dismissed the claim.

On 6 October 2021, the Supreme Court of the State of Washington denied the petition for review in this case. González, C.J. (dissenting) noted that the plaintiffs “asked this court to recognize a fundamental right to a healthful and pleasant environment that may be inconsistent with our State’s maintenance of a fossil-fuel-based energy and transportation system that it knows will result in greenhouse gas emissions. These greenhouse gases hasten a rise in the earth’s temperature. This temperature change
foreshadows the potential collapse of our environment. In its place is an unstable climate system, conceivably unable to sustain human life and continued enjoyment of ordered liberty under law. Today, we have an opportunity to consider whether these are the sorts of harms that are remediable under Washington’s law and constitution. We should have granted review to decide that question”.

Categories
Imminent risk Indigenous peoples' rights International Court of Justice Paris Agreement Sea-level rise Vanuatu Vulnerability

Vanuatu’s Request for an ICJ Advisory Opinion

In September 2021, during the UN General Assembly’s annual meeting, the Prime Minister of the Republic of Vanuatu, Hon. Bob Loughman Weibur, announced that the country would build a coalition of States to seek an advisory opinion on climate change from the International Court of Justice (ICJ). Vanuatu will submit its proposal to the UNGA in September 2022, requesting that it make use of its powers under Article 96(1) of the UN Charter to request an advisory opinion from the ICJ “on any legal question”.

The proposal aims to contest “environmental devastation and large-scale violations of human rights for the most vulnerable”. Under the slogan of “bringing the world’s biggest problem to the world’s highest court”, this initative was originally spearheaded by a group of students from the University of the South Pacific. As of July 2022, the alliance behind the initative included over 1500 civil society organisations in 130 countries. It also received the endorsement of the Organisation of African, Caribbean, and Pacific States (OACPS).

In July 2022, Vanuatu’s Minister of Climate Change, Hon. Silas Bule Melve, clarified the country’s ambitions for the advisory opinion. He stated that “[t]his is not a court case, and we do not seek to assign blame. But we do seek a credible way to bolster climate ambition moving forward to save the Paris Agreement and our blue planet”. The Republic’s legal team in this endeavor is led by Julian Aguon and Margaretha Wewerinke-Singh of the Pacific law firm Blue Ocean Law.

Categories
Children and young people Domestic court Emissions reductions Germany Paris Agreement

Bundesverfassungsgericht, Order of 25 May 2022

Summary:
On 24 June 2022 it was announced that the German Federal Constitutional Court (Bundesverfassungsgericht or BVerfG) had refused to hear a case following up on its groundbreaking Neubauer judgment of 24 March 2021. This follow-up litigation was brought by nine young people, who sought a further strengthening of German climate protection policy with the support of the NGO Deutsche Umwelthilfe. The applicants, who were aged 13 to 26 at the time of filing, were previously involved in the Neubauer case, where the BVerfG found that German climate policy posed a threat to the fundamental freedoms of future generations. In this follow-up case, they sought a judgment from the BVerfG demanding faster and more effective climate protection measures.

Arguments made:
After the Neubauer judgment, the German government changed the German Federal Climate Change Act of 12 December 2019 (Bundes-Klimaschutzgesetz – KSG) governing national climate targets and the emissions allowed annually to provide for higher levels of mitigation action.

In this case, the applicants argue that the new version of the KSG still does not guarantee that Germany will meet its Nationally Determined Contributions (NDCs) under the Paris Agreement, and that it therefore does not ensure the limitation of anthropogenic climate change to the Paris Agreement’s target of 1.5 degrees. The applicants argue that the revised KSG reduces emissions by only about 6.5 percent by 2030, and draw on IPCC reports showing that the 1.5-degree target could be exceeded in around ten years’ time.

The legal argumentation brought forward here was similar to that in Neubauer. The applicants argued that their fundamental freedoms are under threat, and invoked Article 20a of the German Basic Law (Grundgesetz).

Decision:
In an unreasoned decision, the BVerfG refused to accept this case for decision on 25 May 2022.

Application to the ECtHR:
Counsel in the case, together with the NGO Deutsche Umwelthilfe, announced that they would take this case the European Court of Human Rights (ECtHR) in Strasbourg.

More information:
The decision has not yet been published. For reporting on the case, see LTO.

Suggested citation:
German Bundesverfassungsgericht, Judgment of the First Senate of 25 May 2022 – 1 BvR 188/22.

Categories
2022 Austria Belgium Cyprus Denmark European Court of Human Rights France Germany Greece Luxembourg Private and family life Right to life Sweden Switzerland The Netherlands The United Kingdom

Five Young People v. France, Germany, the UK, and 9 other States

Summary:
On 21 June 2022, the Guardian reported that an application had been filed at the European Court of Human Rights concerning membership in the Energy Charter Treaty of 1994 (ECT), which entered into force in 1998. The case was brought by five young people, aged between 17 and 31, who allege that the 12 respondent States’ membership of the ECT stymies climate action, thereby violating their rights under Articles 2 (right to life) and 8 (right to respect for private and family life) ECHR.

Reuters reports that the 12 respondent States in this case are Austria, Belgium, Cyprus, Denmark, France, Germany, Greece, Luxembourg, Netherlands, Sweden, Switzerland and Britain. In these States, corporate actors in the fossil fuel sector can bring legal action against the respective governments for losses of profits due to energy-related measures, thereby raising the costs of the green energy transition or making it illusory. The applicants argue that their Convention rights have been violated as a result.

In this regard, the IPCC pointed out in Chapter 14 of its 6th Assessment Report in 2022 that “bilateral and multilateral agreements, including the 1994 Energy Charter Treaty, include provisions for using a system of investor-state dispute settlement (ISDS) designed to protect the interests of investors in energy projects from national policies that could lead their assets to be stranded. Numerous scholars have pointed to ISDS being able to be used by fossil-fuel companies to block national legislation aimed at phasing out the use of their assets”. It also noted that “international investment agreements may lead to ‘regulatory chill’, which may lead to countries refraining from or delaying the adoption of mitigation policies, such as phasing out fossil fuels”.

Categories
2022 Emissions reductions European Court of Human Rights France Private and family life Right to life

Carême v. France

Summary:
On 7 June 2022, the European Court of Human Rights announced the relinquishment of an application against France concerning the municipality of Grande-Synthe to the Court’s Grand Chamber. The applicant in this case, in his capacity as mayor of the municipality
of Grande-Synthe, was originally involved in the Grande-Synthe case, but the Conseil d’État held on 19 November 2020 that, unlike the municipality itself, Mr Carême could not prove that he had an interest in bringing proceedings.

This is the second climate case to reach the Grand Chamber, after the Klimaseniorinnen application. The case was lodged on 28 January 2021. The Court summarized the applicant’s complaint as follows:

The applicant submits that the failure of the authorities to take all appropriate measures to enable France to comply with the maximum levels of greenhouse gas emissions that it has set itself constitutes a violation of the obligation to guarantee the right to life, enshrined in Article 2 of the Convention, and to guarantee the “right to a normal private and family life”, under Article 8 of the Convention. In particular, the applicant argues that Article 2 imposes an obligation on States to take the necessary measures to protect the lives of persons under their jurisdiction, including in relation to environmental hazards that might cause harm to life. Under Article 8 he argues that by dismissing his action on the grounds that he had no interest in bringing proceedings, the Conseil d’État disregarded his “right to a normal private and family life”. He submits that he is directly affected by the Government’s failure to take sufficient steps in the combat against climate change, since this failure increases the risk that his home might be affected in the years to come, and in any event by 2030, and that it is already affecting the conditions in which he occupies his property, in particular by not allowing him to plan his life peacefully there. He adds that the extent of the risks to his home will depend in particular on the results obtained by the French Government in the prevention of climate change.

More information to follow. The Court’s press release can be found here.

Categories
Children and young people Domestic court Emissions reductions Germany Paris Agreement Private and family life Right to a healthy environment Right to life

Luca Salis et al. v. Sachsen-Anhalt

Summary:
This constitutional complaint was brought by three young people against the German State (“Bundesland”) of Sachsen-Anhalt in the wake of the Neubauer v. Germany judgment of the German Bundesverfassungsgericht. It is one of ten separate constitutional complaints and one subsidiary popular complaint supported by the NGO Deutsche Umwelthilfe against ten Bundesländer. They contest the State’s failure to chart a course towards greenhouse gas emissions reductions by adopting legislation on climate protection. The state abandoned efforts to adopt such a law after an initiative in this regard failed in 2013, relying on the Paris Agreement and the German Constitution. 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, Luca Salis et al. v. Sachsen-Anhalt, Decision of the First Senate of 18 January 2022 – 1 BvR 1565/21 et al.

Related proceedings:
For the other related cases see:

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

Matteo Feind et al. v. Niedersachsen

Links:

For the decision in German, see here.

Categories
Children and young people Domestic court Emissions reductions Germany Paris Agreement Right to a healthy environment Self-determination

Marlene Lemme et al. v. Bayern

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 ten youth plaintiffs concerning the codification of the adjusted climate goals brought about in response to the Neubauer v. Germany judgment of the German Bundesverfassungsgericht. According to the applicants, in their constitutional claim, the German States (“Bundesländer”) share responsibility for protecting their lives and civil liberties, along with those of future generations, within their spheres of competence. They argue that the lack of legislation on climate action on the state level violates the German Constitution and the reductions regime under the Paris Agreement, and that they have a fundamental right to defend themselvse against future rights impacts caused by the lack of climate measures.

The Bavarian Climate Protection Act (Bayerisches Klimaschutzgesetz) aims to reduce greenhouse gas emissions by 55% compared to 1990 levels by 2030. It also aims to achieve net zero emissions by 2050, and requires Bavaria to offset emissions after 2030. This has been implemented through a climate protection program. According to the plaintiffs, the lack of a deadline of adaptation strategy, and the failure to provide differentiated targets or instruments for implementation of compliance, mean that the Bavarian law falls short of the Federal requirements on climate protection 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 various freedoms guaranteed under the domestic Constitution, especially those in Art. 2(1) of the German Constitution (right to free development of one’s personality), 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

Related proceedings:
In addition to the constitutional proceedings, a subsidiary popular complaint has been brought by the same group of applicants to contend that the Bavarian Climate Protection Act (Bayerisches Klimaschutzgesetz), along with the wider regulatory context, is in violation of constitutional rights.

Suggested citation:
German Bundesverfassungsgericht, Marlene Lemme and Nine Other v. Bavaria, constitutional complaint of 30 June 2021.

For the other related cases see:

Luca Salis et al. v. Sachsen-Anhalt

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

Matteo Feind et al. v. Niedersachsen

Categories
2022 Children and young people Deciding Body Domestic court Emissions reductions 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 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 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.