The German Federal Administrative Court has ruled that the government’s climate program is not sufficient. The measures taken do not ensure compliance with legal targets and leave an estimated gap of about 200 million tons of CO₂ uncovered. The executive will have to submit a new plan.
The decision was made by the Leipzig court and ends a legal dispute that lasted nearly two years. The judges rejected the government’s appeal against a 2024 ruling and confirmed that the climate program approved in 2023 does not comply with the Climate Protection Act. In particular, it does not demonstrate how Germany intends to achieve a 65 percent reduction in emissions by 2030 compared to 1990 levels.
A 200-million-tonne gap
According to the Court, the plan does not credibly explain how annual emission limits will be met in the different economic sectors. This results in an estimated shortfall of at least 200 million tons of CO₂ equivalent by 2030.
The same point had been raised by Deutsche Umwelthilfe (DUH), the environmental organization behind the appeal. According to DUH, the government overestimated the effectiveness of individual measures: even assuming full implementation, the goals would still not be achieved.
DUH President Jürgen Resch said the ruling confirms years of insufficient policies and called for the removal of remaining exceptions, such as those that allow the production of high-emission vehicles.
Transportation and buildings lag behind
The main critical issues are in the transportation and building heating sectors, which continue to exceed projected limits. According to the Federal Environment Agency, overall emissions decreased in 2025, but at a slower pace than in previous years.
The think tank Agora Energiewende estimates that between 1990 and 2025 the total reduction in emissions came to about 49 percent. However, much of this is attributable to a weak economy and industrial production, rather than structural reforms. In 2025, emissions fell only 1.5 percent from 2024, compared with 3 percent in the previous year and 10 percent in 2023.
According to Agora, in transportation and the construction sector, emissions have increased instead.
Green MP Lisa Badum blamed the Department of Transportation, which she accused of blocking significant interventions for years. Proposed measures include strengthening public transportation, speed limits on highways, a tax on private jets , and the elimination of climate-damaging subsidies such as tax breaks on company cars.
The current government led by Friedrich Merz, who took over after the end of the Scholz coalition, however, maintains a more cautious line, especially on restrictions on automobile traffic. The reform of the Energy in Buildings Act, scheduled for February 2026, aims for more technological flexibility rather than new bans on fossil fuels.
On the building front, DUH Executive Director Barbara Metz calls for new legislation to move away from fossil heating systems and a sustainable renovation program for schools and public buildings, reminding that climate protection is a legal obligation.
A new plan by March
State Environment Secretary Jochen Flasbarth announced that the 2023 program will be replaced by a new document, expected by the end of March. The new plan, called Klimaschutzprogramm 2026, will also cover the period after 2030.
Flasbarth acknowledged that not all ministries have yet submitted adequate proposals and stressed that input from all departments is needed. The plan must be approved by the Council of Ministers by March 25, the deadline under the Climate Act for each new legislative term.
If the new program is not considered sufficient, the DUH has already announced its intention to file a new appeal. A call for clarity is also coming from the business community: according to Sabine Nallinger of the KlimaWirtschaft initiative, the government must adopt a solid and legally robust plan that can provide planning certainty, especially in the building sector.
