Environmental Crime in Germany

Environmental criminal law in Germany is governed primarily by the German Criminal Code (Strafgesetzbuch – StGB) and various environmental protection statutes, including the Federal Immission Control Act (Bundes-Immissionsschutzgesetz – BImSchG). 

Chapter 29 of the StGB defines key environmental offences, such as: 

• Pollution of water, soil, and air, 
• Illegal handling or disposal of waste,
• Disturbance or destruction of protected natural areas,
• Unauthorised use of hazardous materials,

Additional provisions are found in special laws, including: 

• Federal Immission Control Act (BImSchG) 
• Circular Economy Act (KrWG) 
• Federal Water Act (WHG) 
• Energy Saving Act (EnEG) 

These laws stipulate obligations such as emission thresholds, permits for industrial activities, and waste management protocols. Breaches may result in criminal prosecution—especially in cases involving intentional harm—or administrative penalties in less severe cases. 

Environmental offences are classified based on the degree of intent or negligence. When an individual or company knowingly causes environmental damage, the offence is deemed intentional even by accepting the risk. Negligence, on the other hand, involves failure to observe due diligence or industry standards. The severity of penalties depends on the intent, scope of damage, and risk to public health or protected ecosystems. 

Given the complexity of environmental legislation in Germany, proactive legal compliance is essential for international businesses. Regulatory authorities conduct regular inspections, and failure to comply may result in operational disruptions, fines, or criminal investigations. 

At Schlun & Elseven, our lawyers provide strategic advice on all aspects of environmental compliance in Germany, including: 

• Legal obligations for emissions, hazardous materials, and waste disposal 
• Necessary environmental permits for operations 
• Internal policies to manage environmental risks 
• Development and implementation of environmental management systems 

An effective environmental management system might include regular internal audits, employee training programs, and compliance reporting. We work closely with your business to ensure policies and procedures align with German law while meeting international sustainability standards. 

Rapid legal intervention is critical when a company is accused of breaching environmental criminal law in Germany. Regulatory investigations can lead to significant reputational damage, shareholder scrutiny, and even personal liability for executives and employees. 

Our German environmental lawyers offer: 

• Immediate support in the event of environmental investigations 
• Legal representation in dealings with environmental authorities and prosecutors 
• Defence strategies tailored to your business objectives 
• Risk assessments to prevent future legal exposure 

We also assist in managing communications with regulatory agencies, environmental groups, and local stakeholders, especially in cases involving contested environmental impacts or licensing issues. Our goal is to protect your legal interests while helping your business maintain its social licence to operate in Germany. 

Germany enforces strict environmental laws to protect its ecosystems, and violations can trigger serious consequences for companies operating within its borders. The most common breaches of environmental criminal law in Germany include: 

• Illegal waste disposal, particularly involving hazardous or industrial waste 
• Air pollution from industrial processes, transportation, or energy production—especially emissions of sulphur dioxide, nitrogen oxides, and particulate matter 
• Water pollution in rivers, lakes, and groundwater is frequently caused by agricultural runoff, chemical discharge, or improper sewage handling. 
• Soil contamination, often resulting from leaking storage tanks, improper use of pesticides, or chemical spills at industrial sites 
• Destruction of protected species and habitats, including unauthorised interference with conservation areas and endangered flora and fauna 
• Non-compliance with environmental permits, including operating without the necessary approvals or exceeding permitted emission thresholds 

Under German law, each act may constitute a criminal offence or administrative violation, depending on its severity, intent, and damage. Staying compliant requires awareness of legal obligations and careful operational planning for international businesses. 

Violations of environmental regulations in Germany can lead to significant penalties under both criminal and administrative law. The consequences depend on whether the act is considered an administrative or criminal environmental offence under German legislation. 

• Administrative offences, as defined in the Federal Immission Control Act (BImSchG) or the Circular Economy Act (KrWG), may result in fines of up to €100,000. 
• Criminal offences, under §§ 324 ff. StGB, can result in fines or prison sentences of up to five years—or up to ten years in especially serious cases. 

In addition to state-imposed penalties, companies may also face: 

• Civil liability, including claims for damages or injunctions from neighbours, affected communities, or third parties 
• Operational restrictions, such as shutdown orders from environmental regulators or the seizure of industrial sites 
• Asset confiscation, where the authorities may seize the proceeds of a crime or items used to commit or benefit from the offence—such as vehicles, equipment, or containers. 

For corporate clients, these risks extend beyond financial loss. Reputational damage, loss of permits, and strained relationships with regulators and the public can have lasting effects. A proactive approach to compliance—and immediate legal support when facing investigations—is essential for safeguarding your business in Germany. 

Environmental criminal law in Germany is not static. It evolves quickly —driven by EU legislation, national reforms, and increased enforcement activity. German laws are already considered among the strictest worldwide, and the growing complexity of environmental obligations poses serious compliance challenges for international businesses. 

Recent developments include: 

• EU Nature Restoration Regulation (2024): New binding obligations now affect land use, water management, and forestry, affecting agriculture, construction, and heavy industry. 
• Revised Ecodesign Directive (2024): Stricter sustainability standards require products to be more durable, resource-efficient, repairable, and recyclable—with increased requirements for using recycled materials. 
• Expanded environmental offences (2024): New EU provisions significantly broaden the definition of punishable environmental crimes, particularly concerning hazardous waste handling and corporate liability. Germany is obliged to implement these new rules before 21 May 2026. 

These regulatory changes mean that companies in Germany must stay constantly informed to avoid legal exposure, disruption of operations, or the revocation of environmental permits. Failure to adapt may also lead to reputational harm, investor concerns, and difficulties in maintaining business continuity. 

Our environmental compliance lawyers in Germany help your company stay ahead of these changes. We monitor regulatory developments, provide legal risk assessments, and advise on compliance strategies tailored to your industry and business model. By acting early, your company can avoid penalties and demonstrate a strong environmental compliance culture to regulators and stakeholders. 

Under environmental criminal law in Germany, private individuals and recognised environmental organisations enjoy extensive rights regarding reporting, participating in, and taking legal action against environmental violations. For companies operating in Germany, it is essential to understand the role of public oversight and citizen participation in enforcing environmental law. 

Private individuals who suspect a breach of environmental regulations are legally entitled to: 

• Remain anonymous when submitting reports 
• Protection from retaliation under whistleblower laws 
• Access to environmental information held by public authorities (as per the Environmental Information Act) 
• Participate in environmental decision-making, including public hearings, objection proceedings, and consultations 
• Pursue legal action, either individually or as part of a collective group 

These rights are not merely symbolic—they are core components of Germany’s commitment to environmental transparency and accountability and are taken seriously by regulators and courts alike. 

Citizens or environmental groups may initiate various legal procedures if they suspect a company is violating environmental laws: 

• Submit formal complaints to environmental authorities 
• Bring civil lawsuits for damages or injunctive relief 
• File administrative appeals against environmental permits or decisions 
• Lodge criminal complaints with the public prosecutor’s office under §§ 324 ff. StGB 

Environmental organisations officially recognised under German law may also have special standing rights in administrative proceedings, allowing them to challenge permits or government decisions even without being directly affected. 

Under German and EU law, businesses should also note that employees are granted significant protections as whistleblowers (particularly the EU Whistleblower Directive). Companies are advised to implement internal reporting channels and response mechanisms to handle such disclosures professionally and confidentially. 

Establishing these systems serves several functions: 

• Encourages internal resolution of potential compliance issues 
• Minimises the risk of public exposure through the media or regulatory authorities 
• Demonstrates proactive compliance and a culture of accountability 

Our legal team advises corporate clients on developing robust internal compliance and whistleblower protection systems aligned with German and EU standards. Doing so reduces legal risk and strengthens trust among employees, regulators, and the public.