ANVR, TUI, D-reizen, and Prijsvrij v. The Hague

On September 12, 2024, The Hague formally adopted an ordinance that prohibits advertisements for fossil fuel products and services in public and private spaces throughout The Hague. These products may include petrol, gas heating, diesel vehicles, air travel, cruise shipping, or other related items. The ordinance went into effect on January 1, 2025, serving as the first comprehensive legal ban of its kind globally. On April 2, 2025, trade company ANVR and travel operators TUI, D-reizen, and Prijsvrij filed a complaint in the District Court of The Hague. The plaintiffs requested a preliminary injunction to suspend the ordinance, alleging that the ban disproportionately restricted commercial freedom. The plaintiffs specifically alleged that the ban violates freedom of expression as protected under Article 7 of the Dutch Constitution. The plaintiffs further alleged that the ban violates EU regulations, specifically stating that the ban provides a higher level of consumer protection than the EU Directive on Unfair Commercial Practices legally provides. The plaintiffs also contended that the advertising ban violates the free movement of goods under Article 34 of the Treaty on the Functioning of the European Union (TFEU), claiming that it would disadvantage foreign market participants. The hearing took place on April 12, 2025, and the District Court of The Hague issued its ruling on April 25, 2025. The court dismissed the plaintiffs’ claims and upheld the ban, stating that the municipality lawfully exercised its powers under Dutch administrative law and that rights under EU law are not absolute and may be restricted for reasons of public interest. The court also stated that the measure is non-discriminatory and that public interest in combating climate change supersedes the economic interests of advertisers.