German Federal Administrative Court to rule on air quality program lawsuit

The German Federal Administrative Court in Leipzig is set to rule on a lawsuit filed by Deutsche Umwelthilfe (DUH) regarding the validity of the National Air Quality Program. The program, updated by the federal government in May 2024, aims to reduce pollutants through measures such as the coal phase-out, the Building Energy Act, and e-mobility incentives.

The legal dispute centers on the timeliness of the data used. DUH argues that because the program's calculations were based on data from May 2023, they are “unrealistic and outdated” and fail to reflect the most recent information and legislative changes available at the time of the 2024 adoption. The federal government maintains that the delay was necessary due to the complex coordination required between various ministries.

Under European law, Germany is mandated to significantly reduce emissions by 2030 compared to 2005 levels. Target reductions include nitrogen oxides (NOx) by 65 percent, sulfur dioxide (SO2) by 58 percent, particulate matter (PM2.5) by 43 percent, and ammonia (NH3) by 29 percent.