Tag Archive for: Climate change litigation

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Climate Litigation Before the German Federal Court of Justice – “Too Complex” for Private Law instruments?

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Written by Marc-Philippe Weller, Carolina Radke, and Marianna Dänner (all Heidelberg University)

On 2 March 2026, the German Federal Court of Justice (Bundesgerichtshof; “BGH”) held an oral hearing in two proceedings concerning the civil liability of companies regarding climate change. The authors of this blog post attended the hearing as members of the audience.

The German NGO Deutsche Umwelthilfe (DUH) is suing the car manufacturers BMW and Mercedes Benz, requesting a legal order obliging both companies to refrain from placing combustion engine cars on the market beyond 2030. These two proceedings join the club of (strategic) climate change lawsuits in Germany. Crucially, they are the first of their kind based on tort law to reach the German Federal Court of Justice. Accordingly, the hearing was eagerly awaited by many. The decision, which will be rendered on 23 March 2026, will undoubtedly have an impact on future climate lawsuits.

While no issues of international jurisdiction or applicable law arose in the proceedings in question – as all Parties are seated in Germany –, the judgment of the BGH could further motivate foreign parties to bring claims against German companies, thereby giving rise to questions of international jurisdiction and the applicable law (see for more details Weller/Weiner, Corporate Climate Liability in Private International Law, in: Japanese Yearbook of Private International Law, Vol. 26 (2024), 2). In this context, one may refer to the deliberations of the Higher Regional Court (OLG) Hamm in Lliuya against RWE (OLG Hamm, 28. Mai 2025, 5 U 15/17).

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The White Paper on Digital Product Passports and Critical Raw Materials for Batteries: Legal Conflicts and Principles for Cross-Border Cooperation

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The White Paper on “Digital Product Passports and Critical Raw Materials for Batteries: Legal Conflicts and Principles for Cross-Border Cooperation” is now formally published on the UNECE website!

The United Nations Economic Commission for Europe White Paper identifies and analyses the critical legal challenges in implementing Digital Product Passports (DPPs) for Critical Raw Materials (CRMs), including cobalt, copper, lithium, and nickel. These materials are essential for Energy Transition, for example, electric vehicles.

Yet, tracing their journey from mines to markets to recycling is legally complex and globally inconsistent. This fragmentation hinders sustainability and transition to circular economy.

The White Paper provides policymakers and businesses with:  An analysis of conflicting legal frameworks in implementing DPPs; Guiding principles for cross-border cooperation in CRM-Battery value chains.

Read the full White Paper here.

Revue Critique de droit international privé – issue 2024/4

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Written by Hadrien Pauchard (assistant researcher and doctoral student at Sciences Po Law School)

The fourth issue of the Revue Critique de droit international privé of 2024 will very shortly be released. It contains four articles, eight case notes and many book reviews. In line with the Revue Critique’s recent policy, the doctrinal part will shortly be made available in English on the editor’s website (for registered users and institutions). Read more

UEA Law School’s Second Podcast Series on Transnational Law

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Written by Rishi Gulati

After a highly successful first series, all episodes of UEA Law School’s Second Podcast Series hosted by Rishi Gulati are now available on leading platforms, including on Apple Podcasts, Spotify and SoundCloud. The second series consists of several interesting discussions on key transnational concerns with experts from around the world.

There are two episodes on climate change litigation. Tyndall Centre PhD researcher Millie Prosser and Friends of The Earth Lawyer and PhD researcher Acland Bryant are joined by the renowned environmental lawyer David Wolfe KC and Norwich-based climate litigator Dr Andrew Boswell to discuss the opportunities and limitations in UK climate change litigation in the context of judicial review, and Rishi Gulati is joined by Dr Dalia Palombo on the potential impact of the landmark April 2024 European Court of Human Rights climate change decisions on corporations.

In other episodes, there are conversations between the host and Mr William Rook on sports and human rights, with Dr Nikos Skoutaris on state secession, and with Dr Hansong Li on the history & current political climate of the Indo-Pacific.

The series also consists of recordings from two fascinating events. One of the episode presents the Earlham Law Lecture 2024 by  Professor Sarah Green, Law Commissioner for Commercial and Common Law “on the topic: Of Digital Assets and Sausages: Confessions of a Law Commissioner”. Another episode brings to listeners the launch of the Elgar Companion to the United Nations Commission on International Trade Law which includes remarks from Ms Anna Joubin-Bret,  Secretary of the United Nations Commission on International Trade Law, and Director at the International Trade Law Division of the Office of Legal Affairs at the United Nations. Finally, one of the episodes is a conversation between Rishi Gulati and Ms Kate Lister, London-based singer and song-writer, voice coach, and graduate of the Guildhall School of Music, on presentation skills and voice tips.

The third series will return in September 2024 with several more fascinating discussions!