Association lawsuits 2011-2012

In a new study commissioned by the Federal Agency for Nature Conservation (BfN) on the practice of class actions in environmental and nature conservation law, UfU has analyzed the number of cases decided in 2011 and 2012 and compared them with data from earlier surveys.

Environmental and nature conservation associations bring an average of 29 cases (period 2007 to 2012) per year before German administrative courts against violations of environmental and nature conservation law. The number of cases has remained almost constant for around 10 years. This is despite the fact that since the end of 2006, EU regulations (Public Participation Directive) and the Aarhus Convention under international law have extended the scope for legal action. The study shows that environmental associations continue to make very moderate use of their rights of action. There is no sign of a sharp increase in complaints, which had been feared, particularly in the case of infrastructure projects.

Dr. Michael Zschiesche, Head of the Environmental Law and Participation Department: “Environmental associations consider very carefully in which cases they use the instrument of representative action. The primary associations such as BUND and Nabu are still leading the way here. However, there are also many state-recognized environmental organizations that have never taken legal action before the courts.”

What is striking about the results of the collective actions is their comparatively high success rate. In the period from 2007 to 2012, it was just under 45% (compared to 40% from 2002 to 2006). The analysis of the cases, differentiated by subject matter, shows that the success rate is relatively high in all areas examined (planning approvals for infrastructure projects, exemptions from bans, e.g. in nature conservation areas, actions under the Environmental Remedies Act, e.g. against power plants or waste facilities, as well as other actions, e.g. to protect avenues).

Prof. Dr. Alexander Schmidt, Anhalt University of Applied Sciences: “The environmental associations investigate very carefully whether an authority’s decision actually violates environmental regulations. Only if there are sufficient indications of this do they go to court. The high success rate also speaks for the professionalism achieved by German environmental associations.”