CSRD in Germany
Germany has not transposed CSRD and faces infringement proceedings. The €10 million figure in many comparison tables comes from HGB §334 Abs. 3a, which penalises statutory accounts; the draft extending it to sustainability reporting has not been enacted.
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- Transposition
- Not transposed
- Instrument
- CSRD-Umsetzungsgesetz (draft, BT-Drs. 21/1857)
- Maximum on the undertaking
- €10,000,000
- Geldbuße under HGB §334 Abs. 3a Nr. 1 — capital-market-oriented companies
- Turnover alternative
- 5% of annual Gesamtumsatz (HGB §334 Abs. 3a Nr. 2)
- Authority
- BaFin / Bundesamt für Justiz
Where do these figures come from?
HGB §334 Abs. 3a is not a CSRD penalty
HGB §334 Abs. 3a carries a €10,000,000 maximum for capital-market-oriented companies and is in force. It applies to statutory accounts. Germany has not transposed CSRD, so there is no administrative fine for failing to publish a compliant sustainability report. The draft CSRD-Umsetzungsgesetz would create that link.
Germany has not completed CSRD transposition. The CSRD-Umsetzungsgesetz remains a draft (BT-Drs. 21/1857) and the European Commission has opened infringement proceedings. The €10,000,000 maximum widely quoted comes from HGB §334 Abs. 3a Nr. 1, an existing penalty for capital-market-oriented companies with an alternative of 5% of annual Gesamtumsatz. It applies to statutory accounts; the draft would extend it to the sustainability report and has not yet been enacted.
What applies while transposition is late?
Directive obligations remain even where transposition is late. Direct effect and interpretation obligations still shape how German courts read existing law, and companies in scope EU-wide must report where obligations arise in other member states.
What is absent is the specific national sanction for sustainability reporting. When the CSRD-Umsetzungsgesetz passes, the position may change for reporting years already running.
How the penalty is set
Germany is often listed with a €10 million CSRD penalty. The amount is correct; the statute is HGB §334 Abs. 3a for statutory accounts, not sustainability reporting.
What are the penalties?
No CSRD-specific penalty in German law. The figure below applies to statutory accounts.
HGB §334 Abs. 3a — €10,000,000
Geldbuße under HGB §334 Abs. 3a Nr. 1 — capital-market-oriented companies
Turnover alternative — 5% of Gesamtumsatz
5% of annual Gesamtumsatz (HGB §334 Abs. 3a Nr. 2)
CSRD-specific penalty — none yet
The CSRD-Umsetzungsgesetz would extend §334 to the sustainability report. It is a draft; Germany is subject to infringement proceedings for non-transposition.
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Common questions
- Has Germany transposed CSRD?
- No. The CSRD-Umsetzungsgesetz is still a draft and Germany is subject to infringement proceedings for failing to transpose on time.
- What is the CSRD penalty in Germany?
- None yet. The €10,000,000 figure often listed is HGB §334 Abs. 3a, which penalises the statutory accounts of capital-market-oriented companies. The draft transposition would extend it to sustainability reporting.
- Where can I read the full text of DE CSRD?
- The authoritative version is the official text: CSRD in Germany. The full text is linked in the "Read the original document" section on this page. This page summarises the obligations; the official text governs.
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