Börsen-Zeitung: German industry is facing a wave of litigation
The Börsen-Zeitung of December 10, 2021 published an article written by our partner Uwe M. Erling as a cross-law firm climate lawsuit defense team together with Anke C. Sessler from Skadden, Arps, Slate, Meagher & Flom.
They analyze the recent wave of climate lawsuits against three German automakers and Wintershall DEA and outline potential argument strategies for defending them. The plaintiffs are seeking, through recourse to civil courts, a court-ordered change in the way companies do business, analogous to the Shell ruling from the Netherlands and citing the Federal Constitutional Court’s climate ruling. According to the two authors, the new climate lawsuits violate the principle of separation of powers. In terms of civil law, the lawsuits strain the limits of existing law and dogma. The lawsuits pending before German courts are based on civil law claims for defense or damages and must therefore also comply with civil law principles, in particular on interference (Störereigenschaft), breach of duty and causation.
See full article (in German).