Notre Affaire à Tous v. France

On November 7, 2024, a coalition of European non-governmental organizations (NGOs) formally submitted coordinated complaints to the European Commission,* seeking the initiation of infringement proceedings against France, Germany, Ireland, Italy, and Sweden for alleged violations of their legal obligations under European Union (EU) law concerning their National Energy and Climate Plans (NECPs). These complaints are supported by evidence demonstrating that the NECPs of the aforementioned Member States are insufficient and fail to comply with the EU’s binding climate and energy targets. The NGOs contend that these plans lack adequate and effective measures to transform the stated commitments into tangible outcomes and fail to incorporate meaningful public participation in developing socially equitable policies. Despite the deadline for submission of NECPs having passed on June 30, 2024, only 14 Member States have complied, and the coalition asserts that these delays and deficiencies undermine the EU’s overarching climate objectives and the principle of a just transition for its citizens. The complaint against France, submitted by the organization Notre Affaire à Tous (NAAF), alleges extensive non-compliance with EU climate and energy law. Specifically, NAAF highlights that France’s transition measures are inequitable, jeopardizing their implementation and public acceptance. While France has committed to a gross reduction of emissions by 50% by 2030, compared to 1990 levels, this pledge is contradicted by an “apparent disregard” for its net emissions obligations, which include the role of carbon sinks. According to NAAF, France’s NECP effectively acknowledges a collapse in its natural carbon sinks, with the absorption of CO2 by these sinks projected to decline from an earlier target of -42 MtCO2eq to -8 MtCO2eq for the 2024–2028 carbon budget, far below the EU-mandated minimum of -31 MtCO2eq. This significant reduction would result in a net increase in emissions during this period, in direct contravention of EU requirements. Furthermore, NAAF asserts that critical sectors such as transport and buildings, which are central to France’s National Low Carbon Strategy (Stratégie Nationale Bas Carbone, or SNBC), have suffered from severe policy regressions and financial cutbacks. Examples include reductions in funding for the “Ma Prime Rénov” renovation grant and the national cycling plan. NAAF also points to delays in renewable energy projects, jeopardizing France’s commitment to achieving 45% renewable energy in final energy consumption by 2030. The organization concludes that the abandonment, postponement, or rollback of numerous measures within the NECP raises serious concerns regarding the plan's credibility and France’s capacity to meet its stated goals. NAAF further contends that France’s approach to public consultation undermines the legitimacy of its NECP. Although France submitted its NECP months ago, it is still conducting public consultations on related climate planning documents, such as SNBC 3 and the Multiannual Energy Plan (Programmation Pluriannuelle de l'Énergie, or PPE). However, certain elements currently under consultation have already been incorporated as binding commitments in the NECP. NAAF argues that this process casts doubt on the authenticity of the government’s intent to genuinely consider public and stakeholder input. NAAF emphasizes that robust and inclusive consultation processes are essential, particularly given the socially unjust decisions codified in the NECP. For instance, France has effectively abandoned a meaningful fight against energy poverty: the NECP sets a modest target to reduce the percentage of households experiencing energy poverty by just 0.5% by 2030, from 11.6% in 2022 to 11.1%, despite these households being increasingly vulnerable to climate and energy-related challenges. *Pursuant to EU law, the European Commission is mandated to ensure that Member States fulfill their legal obligations. Should the Commission determine that a Member State is in breach, it may initiate formal infringement proceedings to bring national legislation and practices into compliance with EU law. The Commission has 12 months to respond to these complaints.