The need for association action is particularly evident in terms of environmental law. In most cases it is not individuals, whose rights are violated. If a motorway is to be built through a nature reserve, this affects nature, which cannot file a lawsuit itself. Therefore, authorized nature conservation associations have the possibility to assert legal violations of nature conservation legislation (cf. § 64 BNatSchG).

The legal position of nature conservation and environmental organisations has been strengthened most recently due to the so-called Aarhus-Convention. It introduced the Environmental Remedies Act (UmwRG) to Germany. Thus, environmental associations can file a lawsuit if, for example, the prescribed environmental impact assessment was not carried out or not carried out correctly during the construction of industrial plants.

This way environmental associations are entitled to sue when for example Environmental Impact Assessments are either incorrectly or not at all implemented in the construction of industrial facilities. (cf. § 2 UmwRG).

Likewise, the European Court of Justice (ECJ) has strengthened the association action with the Trianel-Judgement. The ECJ stated in this case, that an association must in general be able to rely on regulations that only protect the interests of the general public and not only the legal interests of individuals.

Subject & Aim of the lawsuit:

Authorized associations can file an action against decisions without being violated in their own rights. This is possible in cases dealing with the preparation of regulations or laws regarding nature conservation legislation or the granting of liberations of bids and bans for the protection of protected marine areas (cf. § 64 BNatSchG). Furthermore, when preparing regulations, a statement needs to be made by the associations and there has to be the opportunity for an inspection of expert reports with regard to nature conservation.

Entitled associations:

The right to file an association action pursuant to the BNatSchG only applies to associations that are authorized, in compliance with § 3 UmwRG. According to § 3 UmwRG, associations have to exist for at least three years and also need to constantly strive and promote environmental protection within their statutes. Furthermore, they must guarantee a proper task fulfilment and enable membership for everyone.

You can find a list of authorized environmental and nature conservation associations here.