Because of the blockade of airports, the “last generation” could face claims for damages in the millions, according to lawyers. During yesterday’s day of protest, the climate activists also disrupted the premiere of the Regensburg Castle Festival.
Climate activists of the “last generation” blocked numerous roads this week and also temporarily disrupted air traffic at two German airports. This had also caused a lot of criticism because of the start of the holiday. According to lawyers, the actions also raise the question of possible claims for damages in the millions, in addition to the criminal consequences.
Because from a legal point of view, according to experts, the sticking actions at Hamburg and Düsseldorf airports last Thursday were a so-called intervention in an established and active commercial enterprise. Düsseldorf Airport, where according to a spokesman 48 flights were canceled and two were diverted, is now examining possible claims for compensation.
Is there anything to get?
“Of course, the question also arises for the injured party as to whether it is economically worthwhile to assert claims for damages,” Thomas Rüfer, Professor of Civil Law at the University of Trier, points out. “If there is nothing to be gained anyway, such a lawsuit would ultimately only send a signal.” And since one has to concede to the activists that they are at least pursuing a morally justified goal with climate protection, it could also be the case that an organization refrains from filing a lawsuit for image reasons.
From Rüfer’s point of view, a claim for compensation for intentional, immoral damage would also be an option. The blockade of an airport is probably predominantly seen as immoral – in the case of road blockades, on the other hand, it is discussed controversially.
prevention of one climate emergency as a legitimate target?
Florian Dallwig, a member of the insurance law working group of the German Lawyers’ Association, is also convinced that the airport actions are an intervention in the established and practiced commercial enterprise. He says: “It would be possible to calculate a completely different amount of damage, both in terms of the airline and the airport’s operating company.”
The lawyer explains: “For the question of whether someone is released from the legally established obligation to pay this sum through personal bankruptcy, it is relevant whether one assumes that the damage was intentional.” This could certainly be seen as such by a civil court, since the activists usually use the punishable means of coercion. “It would speak against it if one recognizes the prevention of a climate emergency as a legitimate overarching goal.”
GdP demands nationwide coordinated action
The police union (GdP) considers the general decrees of the cities to prevent road blockades to be correct, but not sufficient. “He is right that cities forbid spontaneous sticking campaigns with general decrees,” said GdP federal chairman Jochen Kopelke. The threat of high fines and possible imprisonment in the event of an infringement could be an effective reaction – “these are always a noticeable sign of the rule of law,” he added.
From his point of view, this approach would be even more effective if there were soon nationwide coordinated action on these forms of protest. “The increasing bigotry of the ‘last generation’ is a major concern for the police.” With its “criminal actions and obtrusive ruthlessness,” the climate protection group failed to increase acceptance of climate protection.
With a view to media reports about individual police employees who are involved in the “last generation”, the GdP chairman said: “Such a commitment is highly problematic, and there are highly likely legal consequences.”
Disturbance at the opera premiere
Yesterday activists disrupted traffic in at least 26 cities by blocking intersections and taping themselves onto roads. In the evening, the premiere performance of the Regensburg Castle Festival had to be interrupted – the Mozart opera “The Magic Flute”. In the meantime, an activist stuck to a part of the stage, said a spokesman for the police headquarters in Upper Palatinate.
Three other people were stopped by the security service on their way to the stage. According to the “Last Generation”, the activist, who was stuck, addressed the audience with a speech. “The climate catastrophe needs the big stage because it is the greatest threat to us humans, to our society, to our democracy,” the group said in a statement about the action.
The patron of the Castle Festival, Gloria von Thurn und Taxis, recently made dubious statements about wind turbines and false information about climate research. Even before the festival began, around 300 people demonstrated in front of Thurn and Taxis Castle. The organizer of the demonstration was the DGB Jugend Oberpfalz. In the spring there was also a call to boycott the festival.