The Greens in the Bavarian State Parliament want the amendment to the Climate Protection Act reviewed by the Bavarian Constitutional Court The parliamentary group announced the move on 12 November 2026, after CSU and Free Voters passed the amendment in parliament. Bavaria’s existing target of becoming climate-neutral by 2040 is being dropped. The state government now plans to achieve the goal by 2045, together with the federal government.
According to Bavaria’s Environment Ministry, the new law is due to come into force on 1 December 2026. A specific date for climate neutrality will no longer appear in Bavarian law. Instead, the state will align itself with the federal government’s climate targets. The Greens consider the change unconstitutional. The court has not yet ruled on the matter.
The parliamentary group says it will initially commission a specialist law firm to draft the application. It will then be submitted to the Constitutional Court. The Greens intend to bring what is known as a dispute over constitutionality, a procedure that allows a law’s constitutionality to be reviewed in the abstract. Their announcement therefore does not mean that the case has already been filed.
The Greens cite the protection of the natural foundations of life and the rights of future generations as grounds for their challenge. They argue that greenhouse gas emissions have long-term effects and that weakening the targets could place a greater burden on future generations. They also accuse the state government of failing in its duty to protect the public. The court would have to determine whether these arguments are legally valid.
The environmental organisation Greenpeace also announced that it would bring a case before the Bavarian Constitutional Court. Its criticism is based, among other things, on a legal opinion it commissioned. The organisation intends to challenge the amendment through a popular action. This is a different legal route from the one announced by the Greens’ parliamentary group.
Environment Minister Thorsten Glauber of the Free Voters defended the decision. Bavaria intends to achieve climate neutrality together with the federal government, he said on 12 November 2026. The ministry noted that national and European laws shape climate protection, particularly in energy supply, industry, transport and agriculture. The government is therefore emphasising coordination with other levels of government, while the opposition criticises the loss of an earlier Bavarian target.
The difference is not merely symbolic: the previous requirement set an earlier timetable for Bavaria than the federal target. The amendment removes that separate deadline. At the same time, practical climate policy remains dependent on measures at several levels. The announced legal challenge initially concerns the statutory requirements, not an individual facility or a specific transport project.
Editor: Andreas M. Brucker (Article created with AI assistance).