Because of airport lockdowns, the “last generation” could face compensation claims in the millions, according to lawyers. During yesterday’s day of protest, climate activists also disrupted the premiere of the Regensburg Castle Festival.
“Next generation” climate activists blocked several roads this week and also temporarily disrupted air traffic at two German airports. This also caused a lot of criticism because of the start of the holiday. According to the lawyers, because of the actions, in addition to the criminal consequences, there is also the issue of possible claims for damages in the millions.
Because from a legal point of view, according to experts, the detention actions at the airports of Hamburg and Düsseldorf last Thursday were a so-called intervention in an established and active commercial company. Düsseldorf Airport, where, according to a spokesman, 48 flights were canceled and two were diverted, is now examining possible compensation claims.
Is there something to get?
“For the injured party, the question naturally also arises as to whether it is worth claiming compensation for economic damage,” points out Thomas Rüfer, professor of civil law at the University of Trier. “If there’s nothing to be gained anyway, such a process would just send a signal.” And since activists must be granted that they are at least pursuing a morally justified goal with climate protection, it may also be the case that an organization refrains from filing a lawsuit on image grounds.
From Rüfer’s point of view, a claim for damages for intentional and immoral damage would also be an option. Blocking an airport is probably seen predominantly as immoral – in the case of road blocks, on the other hand, it is controversially discussed.
Preventing a climate emergency as a legitimate goal?
Florian Dallwig, a member of the German Bar Association’s insurance law working group, is also convinced that the airport’s actions are an intervention in the established and practiced business enterprise. He says: “It would be possible to calculate a completely different amount of damage, both in terms of the airline and the airport operator.”
The lawyer explains: “For the question of whether someone is exempt from the legally established obligation to pay this amount through personal bankruptcy, it is relevant whether it is assumed that the damage was intentional”. This could certainly be seen as such by a civil court, as activists often use the punishable means of coercion. “I would be against it if anyone recognized the prevention of a climate emergency as a legitimate and overarching goal.”
GDP calls for coordinated action across the country
The police union (GdP) considers the general decrees of the cities to avoid roadblocks to be correct, but not sufficient. “He is right that cities prohibit spontaneous membership campaigns with general decrees,” said GdP federal president Jochen Kopelke. The threat of large fines and possible imprisonment for infringement can be an effective response – “these are always a noticeable sign of the rule of law”, he added.
In his view, this approach would be even more effective if there was soon coordinated action across the country on these forms of protest. “The growing intolerance of the ‘last generation’ is a major concern for the police.” With its “criminal actions and intrusive cruelty”, the climate protection group has failed to increase acceptance of climate protection.
In view of media reports about individual police officers who are involved in the “last generation”, the President of the GdP said: “Such an appointment is highly problematic and there are highly likely consequences according to official law”.
Disturbance at the premiere of the opera
Yesterday, activists disrupted traffic in at least 26 cities by blocking intersections and closing roads. In the evening, the premiere of the Regensburg Castle Festival had to be interrupted – Mozart’s opera “The Magic Flute”. Meanwhile, an activist stood on part of the stage, said a spokesman for the police headquarters in Upper Palatinate.
Another three people were stopped by the security service on their way to the stage. According to “Last Generation”, the activist, who was arrested, addressed the public with a speech. “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 on the action.
The patron of the Castle Festival, Gloria von Thurn und Taxis, has recently made dubious statements about wind turbines and false information about climate research. Even before the festival started, around 300 people demonstrated in front of Thurn und Taxis Castle, accusing her of conspiracy ideology, queer hostility and racism. The organizer of the demonstration was the DGB Jugend Oberpfalz. In the spring, more than 100 cultural workers called for a boycott of the festival.