decision

Carême v. France - decision

Litigation

Sabin

Sabin Litigation

press release

Carême v. France - press release

Carême v. France - Other

Filing Year For Action

The application was introduced by the former mayor of the city of Grande-Synthe in France. The applicant is represented by Ms Corinne Lepage, former Minister of the Environment, former MEP and candidate for the presidential elections in 2002. In 2019 the municipality of Grande-Synthe, which is located in an area considered at very high risk of exposure to climate risks, and the applicant, acting in his capacity of Grande-Synthe Mayor and of a private resident, asked the Council of State to cancel the Government's refusal to take additional measures to meet the Paris Agreement objective of reducing GHG emissions by 40% by 2030. The cities of Paris and Grenoble, as well as several environmental protection associations have intervened in the procedure. In its first decision, dated 19 November 2020, the Council of State declared the application admissible insofar as it was introduced by the municipality of Grande-Synthe and allowed the interventions of Paris, Grenoble and eNGOs. The court rejected, however, the application insofar as it was brought by the applicant, on the grounds that he did not show any interest in the case since his claims were limited to the argument that, as an individual, his home was situated in an area likely to be subject to flooding by 2040.

On July 1, 2021 the Council of State ruled on the merits, finding for the claimants. It observed that the drop in emissions in 2019 was too small and that it was not significant in 2020 because the economic activity had been reduced by the health crisis. It also held that adherence to the trajectory, which provides for a 12% drop in emissions for the period 2024-2028, did not appear to be achievable unless new measures were not quickly adopted. The Council of State therefore ordered the Government to take additional measures by March 31, 2022 to achieve the goal of reducing GHG emissions by 40% by 2030 (see <a href="https://climatecasechart.com/non-us-case/commune-de-grande-synthe-v-france/">Commune de Grande-Synthe v. France</a>). 

Relying on Article 8 of the ECHR, the applicant complains that the Council of State erred in rejecting his action on the ground that he had no interest in the proceedings, even though he was clearly exposed to climate risk caused by insufficient government action. He further argues that the authorities' failure to act constitutes a violation of their obligation to protect the right to private and family life, within the meaning of Article 8 and to guarantee the right to life, within the meaning of article 2. He also requests that his case be joined with the <a href="https://climatecasechart.com/non-us-case/youth-for-climate-justice-v-austria-et-al/">Duarte Agostinho and Others v. Portugal and 32 other states</a>. 

On June 7, 2022, the Chamber of the European Court of Human Rights relinquished jurisdiction in favor of the Grand Chamber. The case is now going to be examined by the ECtHR's Grand Chamber of 17 judges on account of the fact that the case raises a serious question affecting the interpretation of the Convention (Art 30 ECHR). A hearing was held in April 2023. 

On April 9, 2024, the European Court declared the application inadmissible. The applicant had moved away from France, and no longer had relevant links with Grande-Synthe. Therefore, he could no longer claim victim status under the Convention. 

Carême v. France

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

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

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

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.

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

Actions or measures to adapt terrestrial systems to climate change.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

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

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.

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

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

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

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Actions or measures to adapt freshwater systems to climate change.

Electricity generation from devices driven by the movement of salt water, differences in saltwater temperatures, or salinity gradients.

Heat extracted from the ground, usually in the form of hot water or steam and typically referred to as hydrothermal fluid.

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

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

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

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.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

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

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Electrical energy generated from mechanical devices driven by flowing fresh water.

Production of electricity and heat from solar irradiation.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

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.

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.

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

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 cryosphere is the frozen part of the Earth—it includes sea ice, glaciers, snow, and ice sheets. It helps regulate the climate and weather by reflecting sunlight. Rising temperatures are causing melting, leading to sea ice loss, glacier collapse, and glacier landslides and avalanches. This threatens the livelihoods of around 700 million people who rely on the cryosphere for food, water security, and cultural practices.

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.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

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

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

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

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.

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

Actions to adapt and increase the resilience of rural and urban infrastructure and settlements to climate change.