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The Climate Litigation Database

We Are Nature.Brussels and others v. Brussels-Capital Region

Geography
Year
2024
Document Type
Litigation

About this case

Filing year
2024
Status
Decided (on apeal)
Court/admin entity
BelgiumBrusselsCourt of First Instance
Case category
Suits against governmentsFailure to adapt
Principal law
BelgiumBelgium Fomer Civil Code (Tort Law)Article 1382Article 1383
At issue
Civil liability of the Brussels authorities for adapting the territory to climate change.
Topics
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Documents

Filing Date
Document
Type
Topics 
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Summary

Judge Nicelli of the Court of First Instance of Brussels, on October 29, 2025, held that the Brussels-Capital Region had failed its duty of care in the face of climate change by not adapting its land-use planning tools to increase the territory's capacity to capture carbon or by not adapting the city to combat the risks of flooding and heat islands. The court ordered the Brussels-Capital Region to suspend the urbanization and sealing of undeveloped sites and land exceeding 0.5 hectares within its territory until its official Regional Land Use Plan (Plan Régional d'Affectation du Sol) is adopted, and in any case by December 31, 2026. The court found that the Region was at fault for continuing to authorize real estate projects on undeveloped sites larger than 50 ares based on outdated regulations adopted before climate issues were recognized. This decision is subject to appeal but is provisionally enforceable during any subsequent legal proceedings.

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Group
Topics
Target
Policy instrument
Risk
Impacted group
Just transition
Renewable energy
Greenhouse gas
Economic sector
Adaptation/resilience