Summary
On August 2, 2024, the District Court of Erfurt established a legal precedent by recognizing the rights of nature in a ruling. This is the first time that a German court recognized Rights of Nature. The case was initially centered on a low-profile diesel emissions issue, but the court took an unexpected turn and expanded its scope by applying the Charter of Fundamental Rights of the European Union, interpreting the Charter to extend protections beyond humans to include “ecological persons”.
Judge Dr. Martin Borowsky asserted that, given the urgency of ecological issues like climate change and biodiversity loss, recognizing nature’s rights is essential. The Charter was interpreted as a “living instrument” adaptable to contemporary threats, allowing the court to recognize nature’s right to exist, regenerate, and preserve its ecosystems.
Notably, the judge highlighted that the German text of the Charter uses “person” rather than “human being,” implying that natural ecosystems can be legal subjects with rights. The judge also argued that recognizing nature’s rights supports Article 1 of the Charter’s guarantee of human dignity, by ensuring people can live freely and with dignity in a sustainable environment in the future. The parties were informed of this interpretation on December 18, 2023, with an oral hearing held on June 6, 2024, focusing on the implications of recognizing nature’s rights.
This case closely resembles another ruling by the Erfurt District Court in October 2024. In both instances, the application of the Rights of Nature is based on the Charter of Fundamental Rights of the European Union. However, the Rights of Nature were not the primary legal basis for the claims; rather, they served as an additional justification for decisions that were already supported by existing law. Despite this, they remain an important step that could help shape future legal rulings.
A Landesgericht is a court of second instance run by a federal state (or several federal states) of Germany. Even though it is formally a state court, these cases are about federal civil law (in Germany state and federal courts form one hierarchical body, so the distinction between state and federal level is not that relevant when it comes to the judiciary). Still, other courts are not bound by this decision.