The German environmental aid (DUH), unlike many other environmental organizations are suing a power and warn. A warning of the concerned car dealer puts the rights of the DUH out of the question. Now have to decide, the Federal court of justice (BGH) and signaled on Thursday that the DUH will probably suffer no defeat in front of the Federal court of justice. the By Wolfgang Janisch, Karlsruhe Wolfgang Janisch
On the question of what profession he wanted to take, Wolfgang Janisch during his law studies, a standard answer: criminal defense attorney. Really seriously that was meant, and today he is glad it came to nothing, although he keeps the Job for one of the most important in the rule of law. So instead journalism: After various stations in regional Newspapers (Mainzer Rhein-Zeitung, Südwest Presse), and the FAZ, as well as a legal Promotion, with a one-year study stay in the USA, he went, in 1997, as a justice, a political correspondent for the German press Agency to Karlsruhe. Jura from the other side, as an observer of the Federal constitutional court and the Federal court of justice. Since 2010, reports and comments for the SZ. In the meantime, he also writes about the European courts; the location – Karlsruhe, Germany – has remained the same.
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is The German environmental aid (DUH) is the policy currently is not really popular. The CDU wants to leave the bustling Association, complains to successfully diesel driving bans, preferably, the non-profit but know. In addition, the Federal government in Brussels, the planned EU Association formulate the action in such a way that the DUH would not be entitled to claim.
As a judgment from Karlsruhe would the government probably located the the DUH as a profit addicts are the best club would have stamped. About the process between DUH and a dealership that wants to achieve precisely this, has negotiated this Thursday, the Federal court of justice (BGH). Because the presiding judge has already given the “preliminary assessment” of the Senate price, but can predict: The defeat of the Association, some hope, it will not come.
“We have here a special organization”
The DUH had not warned the baden-württemberg dealer, because he stated fuel consumption and carbon dioxide emissions for a new car on the Internet properly, but only on a guide at the dealership had referred to. The dealer held up the warning for abuse of the law and wanted to make the conduct of the Association, is a very fundamental question. DUH, don’t go there in the first place to the interests of consumers, but to financial gain.
So he wanted to bring the privileged right of action DUH falter, you – are entitled to be recognized as a “qualified entity” according to the injunctions of the law – usually. “We have a special organization,” noted Brunhilde Ackermann, lawyer, merchant, smugly: DUH are driving the values up, and also you had been many years of Toyota promoted and protected the manufacturer, – a statement that contradicted the environmental assistance immediately: It had about 300 cases against Toyota dealer.
but most of all it was the lawyer to the Surpluses of the DUH from the so-called “market monitoring”, i.e., warning letters and penalties. The 400 000 Euro in 2015 and 240 000 Euro in the following year; that is, of course, only a fraction of the total revenue that was in 2014 at just under 8.3 million Euro. In any case, the Surplus had been misused, because he was mainly gone into “political campaigns”. And not just in the consumer protection, DUH, standing is awarded.
Just because the DUH Surpluses be achieved, their work is still a long way disreputable, says the judge
DUH-lawyer Norbert Tretter countered cooling with the note that it is nevertheless consistent pursuit of its articles of Association, the objectives referred to witness, if the DUH do by the action against violations of the law of profits. Yes you can not even stop, as soon as you have success.
And the Surpluses were vehicles to raise awareness of nitrogen oxide in diesel and emissions due to wood heating used for information to consumers the purest water. Remo Klinger, representing the environment in front of the lower instances, added on the sidelines of the trial: “funds from the market surveillance are never gone in to complain to the diesel driving bans.”
at the beginning had made the Senate, the Chairman of Thomas cook that does not get the plaintiff much. The financial management of the environment, the help is only limited by the BGH, in a controllable way, because the Federal office of justice is primarily the responsibility of the the list of to sue the Association authorized “qualified entities” will be created.
the Supreme court could Review whether it is an Association mainly for the money and not the interests of the consumer. This could be in the case of environmental aid, for cooking but saw no clues. “Just the fact that Surpluses are achieved is not indicative of an unlawful conduct.” Also, the values in dispute, which the club estimated to be often 30 000 Euro, are not excessive and would be set by the courts. And the alleged conservation of the former sponsor, Toyota? To do this, there are findings in the proceedings no. A judgment is on 4. July proclaimed.
