“Ohne Gerichte bleibt Umweltrecht gedrucktes Papier.”
Germany is famous for the production of diesel cars and the diesel bans in its cities. A contradictory stance. Driving force behind these diesel bans are the “Deutsche Umwelthilfe” (in short DUH), the Environmental Action Germany and its lawyer Remo Klinger of the Geulen-Klinger law office in Berlin. Through its legal proceedings the DUH and Remo Klinger sharpen the teeth of the paper tiger, environmental law.
Remo Klinger got frustrated that environmental law remained a dead letter. As he did not want to remain a merely passive lawyer, he took initiative and pitched his ideas about the activation of environmental law with environmental organisations. He first targeted the “Bund für Umwelt und Naturschutz Deutschland” (in short BUND), the German section of Friends of the Earth. The BUND showed no interest so he contacted the DUH. This organisation is active on the cutting edge of environmental and consumer protection.
It’s director, Jürgen Resch, was convinced by the proposition of Remo Klinger. They teamed up and initiated a string of cases before several German courts. These cases resulted in the diesel bans which are enforced in a number of German cities. The DUH provides legal standing and Jürgen Resch ensures the press contacts. Remo Klinger brings the legal knowhow to the table and manages the procedures before the different courts.
The legal standing for the DUH is the result of some groundbreaking legal work by Remo Klinger. Only citizens who were personally involved could claim the observance of air quality norms. The plaintiff had to live in a heavily polluted street, could not move during the legal proceedings and needed enough financial resources to pay for his lawyers. This situation was typical for environmental law. The law entered into force but there was an overall lack of enforcement.
Untill the slowak brown bear came to the rescue. In a judgement of the European Court of Justice Remo Klinger bumped into a right to legal action by an association. The judgment allowed a slowak environmental organisation the right to bring actions before court in order to protect the Ursus arctos. This judgement opened the door to legal action by the DUH in environmental cases.
The DUH often sues public bodies and governments who infringe on environmental law. A particularly headstrong opponent is Bavaria. In Munich the air quality was and is particularly poor. Jürgen Resch and Remo Klinger asked the city to draw up a plan to improve the air quality before several instances. In last instance the High Administrative Court of Bavaria imposed in 2014 a number of measures, amongst others a diesel ban.
The Bavarian government refused to execute this judgment during the last 5 years. The penalty payment of several thousand euros is paid by the Bavarian Ministry for Environment to Bavarian Ministry of Finance. Robbing Peter to pay Paul. In November 2018 the Bavarian judges requested the President of the European Court of Justice to jail the Bavarian prime minister and environmental minister during six months. A truly groundbreaking legal action in Europe…
The legal battles Remo Klinger takes on, sound like David versus Goliath. The Geulen-Klinger law office counts 5 lawyers. It’s opponents are represented by offices counting 10 to 50 times more laywers. Nevertheless Remo Klinger has an impressive track record. Around 95% of his cases have a positive outcome for his client. How is this possible?
Remo Klinger is very picky when his legal assistance is sought. When a case is presented, he checks it on its legal merits and selects the cases with chances of success. The severe selection process is necessary to avoid failures. Bringing these cases before court is playing the long game. It takes years before a case is ruled in last instance. “I hate losing before court” Remo Klinger says.
Furthermore he refers to the power of the argument. A powerful argument put forward by a 5 man law office defeats easily a shaky argument defended by bigger law offices.
The environmental topics on which Remo Klinger is active evolved over time. He started with the so called “Dosenpfand”. In 2003 Germany introduced a deposit system for single use drinking bottles. Later he moved on to clean air. Starting point were the publication by the World Health Organisation of the “Air quality guidelines for Europe” in 1987. Later he moved on to particulate matter and carbon dioxide.
The legal proceedings about carbon dioxide culminated in the diesel bans in a number of cities. Interestingly, Remo Klinger does not consider himself a car hater and isn’t plotting to undermine the German diesel industry. He strives for clean air. This objective can be attained with diesel cars. If car manufacturers start implementing the EURO 6d technology on diesel motors, the diesel bans can be lifted. But this new technology comes at a cost and car manufacturers refused to implement it so far.
The diesel bans are only a last resort when all other measures for clean air failed.
Remo Klinger is often pigeonholed as a specialist in environmental law who represents environmental organisations. His legal toolbox is a lot more varied. He bases his argumentation on construction law, administrative law and constitutional law. The environmental organisations he represents only amount to 40% of his clientele. His other clients are mainly public bodies complemented with private persons and companies.