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Anton Foley and others v Sweden (Aurora Case) - application

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Anton Foley and others v Sweden (Aurora Case) - Other

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Anton Foley and others v Sweden (Aurora Case) - press release

Filing Year For Action

On November 25, 2022, a group of over 600 young people born between 1996 and 2015 filed a class action lawsuit against the Swedish state, arguing that Sweden’s action on mitigating climate change is inadequate and thus in violation of their rights under the European Convention of Human Rights (ECHR). The complaint was lodged after two letters were sent to the Swedish state, one in May 2022 (to which the sitting Minister for Climate and Environment replied) and one in November 2022 following a change in government in October 2022 (to which there was no reply), where the plaintiffs outlined their requests. Specifically, the plaintiffs argue that the risk of the negative impacts of climate change constitutes interferences with their rights to life, private and family life, and non-discrimination under articles 2, 8, and 14 of the ECHR, respectively, as well as the right to property under article 1, protocol 1 of the ECHR. These interferences are argued to constitute rights violations since Sweden is failing to do its fair share to reduce the greenhouse gas (GHG) concentration in the atmosphere to keep warming below 1.5°C as compared to pre-industrial levels, by not undertaking immediate and adequate procedural and substantive measures to continuously reduce GHG emissions and enhance GHG sinks, thus failing to adequately protect the plaintiffs from adverse impacts of anthropogenic climate change. In particular, the plaintiffs argue that climate change impacts in the period leading up to 2100 will be serious, especially in relation to impacts on human health, and that they are expected to be particularly affected by these impacts because expect to be alive at that time, based on the average life span in Sweden. In terms of specific impacts, the plaintiffs cite longer and more intense heatwaves causing both mild and severe health effects, shorter and more temperate winters leading to the increased spread of diseases through ticks, and changes to precipitation patterns leading to health impacts stemming from flooding, among others. 

The plaintiffs question both procedural and substantive aspects of Sweden’s mitigation policy. With respect to the former, the plaintiffs argue that the state has failed to adopt sufficient and adequate procedural measures by not investigating, in line with the best available science: (i) the extent of Sweden’s fair share to reduce emissions continuously, (ii) how the fair share is to be achieved in a manner that is economically and technically feasible, and (iii) how Sweden can contribute to reduce consumption-based GHG emissions abroad, GHG emissions caused by Swedish legal persons abroad, and GHG emissions from LULUCF, as well as protecting and restoring natural carbon sinks like forests, wetlands, and oceans. The emissions in question for points (i) and (ii) are those from industrial processes, product use, fossil fuel-based energy, agriculture, and waste (IPEJA emissions).

As regards their substantive claims, the plaintiffs argue that the state has failed to take sufficient and adequate measures to: (i) continuously implement Sweden’s fair share, based on the investigations mentioned above, (ii) reduce IPEJA emissions between 2019 and 2030 by at least 9.4 or 6.5 million tons CO2-eq annually, primarily national emissions insofar as possible, and to ensure safe atmospheric GHG concentrations after 2030 under any circumstances, (iii) reduce national IPEJA emissions between 2019 and 2030 by at least 3.1 or 2.2 million tons CO2-eq annually and to ensure safe atmospheric GHG concentrations after 2030 under any circumstances, (iv) secure that GHG emissions reductions within one category is not achieved through increasing emissions in another category under any circumstances, and (v) continuously compensate annual emissions that exceed the permissible emissions, by reducing the net emissions by an equivalent amount in the following period under any circumstances, starting in 2019.

Ultimately, based on these arguments, the plaintiffs ask the court to order the state to implement its fair share of GHG emissions reductions to keep global warming below 1.5°C, by adopting sufficient and adequate procedural and substantive measures to ensure that emissions are continuously reduced and that GHG are absorbed through natural carbon sinks, in order to limit the risk of negative impacts of climate change on them. The procedural and substantive measures requested mirror the complaints listed above.

On February 19, 2025, the Swedish Supreme Court rejected Aurora. The Court found that the applicants had not satisfied the victim status test required by the ECtHR in Verein KlimaSeniorinnen and others v Switzerland. In addition, it considered that the nature of the application was incompatible with the role of courts in light of the separation of powers specified by the Swedish constitution (‘Regeringsformen’). It held that the only type of claim that could be heard by the Swedish courts was one establishing a violation of article 8, provided that it did not explicitly or implicitly call for legislative change. One of the judges, Justice Dag Mattsson, dissented, arguing that even engagement with that type of claim falls beyond the judicial mandate as set by the Swedish constitution.

On April 14, 2025, a request was submitted to transfer the claim from the individual applicants to the association Aurora, in the hopes of having the case heard on its merits. In a related press release, Aurora stated that it would file a new claim if the Nacka District Court denies the transfer.

Anton Foley and others v Sweden (Aurora Case)

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

Actions or measures to adapt terrestrial systems to climate change.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

Actions to adapt human health, healthcare systems and well-being to climate change.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Activities that relate to the production of goods and services from forests.

Actions or measures to adapt freshwater systems to climate change.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

This sector involves the distribution, treatment, and conservation of water resources.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

woman and genders outside of the gender binary

This sector involves activities to move goods and people, alongside the storage of products.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

A subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

Using laws and the legal system more broadly to protect vulnerable entities

The activities of industries that transforms raw materials into finished goods through industrial processes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

People who have left their homes, whether through force, voluntarily, or a mixture of both

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

A company that is owned wholly or partially by the state, typically operating in key sectors.

Actions or measures to adapt freshwater, coastal and marine systems to climate change.

Zoning and spatial planning are both methods for guiding the distribution of people and activities in a space, and are regulatory restriction.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

Anton Foley and others v Sweden (Aurora Case) - application

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance