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ClientEarth & Collectif Nourrir v. European Commission - decision

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Two environmental NGOs (ClientEarth and Collectif Nourrir), sought the annulment of the European Commission’s decision of May 5, 2023. That decision had rejected their request for internal review of the act by which the Commission approved the French Strategic Plan under the Common Agricultural Policy (CAP) for the period 2023–2027 (French CSPAC). The applicants argued that the French PSPAC was incompatible with the essential requirements of Regulation (EU) 2021/2115 (CAP Regulation), in particular due to manifest errors of assessment regarding the plan's contribution to specific environmental and climate objectives.

The applicants alleged that the Commission had committed several manifest errors of assessment regarding the contribution of the French PSPAC to the achievement of specific objective D in terms of reducing greenhouse gas (GHG) emissions and to long-term national targets, such as the 18% reduction in GHG emissions from the agricultural sector set by the National Low Carbon Strategy (SNBC). The General Court ultimately rejected the arguments based on manifest errors of assessment relating to Objective D, concluding that the Commission had not erred in considering that intervention 32.04 contributed, on a complementary basis, to the objective of reducing GHG emissions.

However, the General Court annulled the Commission’s decision of May 5 2023, in its entirety. Indeed, it concluded that the Commission had committed a manifest error of assessment by rejecting a specific ground in the internal review request. This error concerned the non-compliance of the BCAE 7 standard (Good Agricultural and Environmental Conditions 7) as implemented by the French CSPAC, which relates to crop rotation. The Court found that the BCAE 7 standard, as set by France, limited the crop rotation obligation to 35% of the crop area and introduced a multi-year rotation alternative, which did not comply with the minimum requirements of Annexe III of Regulation 2021/2115, which requires a crop change at least once per year at the plot level. Since BCAE 7 falls under “environmental law” within the meaning of the Aarhus Regulation, and the Commission’s rejection decision was indivisible (as the review concerned the overall assessment of the CSPAC’s effective contribution), the illegality regarding BCAE 7 led to the annulment of the entire rejection decision.

ClientEarth & Collectif Nourrir v. European Commission

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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

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.

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

Actions or measures to adapt terrestrial systems to climate change.

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

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

A tax advantage is an economic benefit applied to certain accounts or investments that are, by law, tax-reduced, tax-deferred, or tax-free. This can apply to investments in areas such as green energy projects or the agricultural sector, where tax advantages can help manage financial risks.

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

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.

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

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.

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.

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

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

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

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

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

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.

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.

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.

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.