Revolution in law: Natural rights recognized for the first time in the compensation procedure!
Revolution in law: Natural rights recognized for the first time in the compensation procedure!
Erfurt, Deutschland - The waves hit up! An advanced judgment of the Erfurt Regional Court causes excitement: The 8th civil chamber gave the natural rights to the natural rights on a new, groundbreaking level! In a case that begins as everyday, a buyer of a diesel car that was equipped with an illegal shutdown device is compensated for this with 10 percent of its purchase price - but the reason could change the legal horizon forever.
In a pioneering judgment of October 17, 2024, it was confirmed that nature's own rights also play a role in cases of damages - this is a novelty in German case law! According to the chamber, these rights derive from the EU fundamental rights charta. "We are entering new territory here!" Explained Dr. Martin Borowsky, the leading member of the chamber, stated in detail how the violation of these legal goods flows into the damage calculation. An absolute novelty in the middle of the exhaust gas scandal - nature becomes entitled to claim!
a turning point for the rights of nature
In both cases, the focus was on the controversial "thermal window", a feature that is considered a inadmissible switch -off device. The judges refused to consider the disadvantages for the buyer to be decisive and demanded that nature rights be recognized. "We simply cannot accept that stock corporations and AI are legally recognized, while nature - our most valuable good - is ignored!" Borowsky called. He referred to international role models where the rights of nature are already legally anchored - Spain and France lead the field!Now the question arises: How will the European Court of Justice react to this pioneering decision? The Erfurt district court has decided not to forward the topic to the ECJ - however, this could turn out to be a strategic mistake, because the consequences of this judicature could be both legally and ecologically enormous. It remains exciting to observe whether the higher instances join the new paradigm or maintain the previous framework. The decision of October 17 is not yet final and the dispute has just started!
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| Ort | Erfurt, Deutschland |
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