Does the Aarhus Convention require an association action to protect the environment in German private law?

Description

Preliminary indication of topic:This paper examines the limited scope for associations to take legal action against environmental violations under German private law. In German law, the only possibility for legal action relating to the environment, exists in public law: the Umweltrechtsbehelfsgesetz (UmwRG) and Bundesnaturschutzgesetz (BNatSchG). While consumer protection laws like the Verbraucherrechtedurchsetzungsgesetz (VDuG) allow some private legal action, the plaintiff must be a consumer, making it inadequate for environmental violations. The paper highlights how this legal framework is inconsistent with Article 9(3) of the Aarhus Convention, which requires the contract parties to give members of the public access to justice for environmental breaches. It argues for reforms to align German private law with international obligations, especially in light of emerging EU regulations like the European Commission's proposal on plastic pellet loss, which enables collective action for environmental damage.

Period	21.11.2024
Event title	International Class Actions Conference - ICAC Workshop 2024: Collective Actions on Environmental, Social and Governance topics
Event type	Conference
Organiser	University of Amsterdam
Location	Amsterdam, NetherlandsShow on map
Degree of Recognition	International