On May 24, 2022, campaigners for Fossielvrij NL issued a letter of summons to Dutch aviation company KLM at a shareholder meeting of AirFrance-KLM. The letter states that KLM will be sued in violation of European consumer law if it does not cease misleading advertisement claims under its ‘Fly Responsibly’ campaign to the effect that CO2 compensation measures and alternative fuels can make flying sustainable. The Fly Responsibly ads present the airline as “creating a more sustainable future” and on track to reduce its emissions to net zero by 2050.

Environmental organisations FossielVrij NL, Reclame Fossielvrij en ClientEarth claim that there is no such thing as ‘flying responsibly’ at present, and that KLM seeks company growth and increased flight sales, whilst it should be reducing emissions by reducing the number of flights ‘to keep a just, liveable world within reach’. Specifically, the organizations claim that customers are offered to buy carbon offset – labelled ‘CO2ZERO’ – by funding reforestation projects or KLM’s purchase of biofuels, but that such labels are misleading and that such products do not make a meaningful contribution to reducing KLMs footprint. Moreover, KLM’s marketing undermines the urgent action needed to minimise climate catastrophe.

The case builds on a national decision of the national Advertisement Code Commission on 8 April 2022, the Dutch media watchdog dealing with complaints about misleading advertisement under the Advertisement Code. The commission ruled that elements of the ‘Fly Responsibly’ campaign violated the codes provisions on misleading advertising, especially those elements referring to ‘climate neutrality’ or ‘CO2ZERO’. This includes slogans like ““Be a hero, fly CO2ZERO” or “CO2 neutral: KLM compensates for the CO2 emissions of your KLM Holidays flight.” The Commission noted, inter alia, that whilst the reforestation program in which KLM invests meets certain recognized theoretical standards (e.g. Gold Standard certification), there exist doubts in practice and amongst experts that emission reduction certificates purchased by KLM, result in the full and permanent compensation 'down to zero' of personal flight footprints in practice, as suggested by the campaign. The absolute environmental claims of “CO2-neutrality” and “CO2ZERO” must be accompanied by sound, independent, verifiable and generally recognized evidence that in practice there is also guaranteed full compensation.

On July 6, 2022, FossielVrij NL v. KLM filed a claim in the Amsterdam District Court on against Dutch airline company KLM. The Court found that KLM had violated Dutch consumer law.

FossielVrij NL v. KLM

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FossielVrij NL v. KLM - judgment

Filed

On May 24, 2022, campaigners for Fossielvrij NL issued a letter of summons to Dutch aviation company KLM at a shareholder meeting of AirFrance-KLM. The letter states that KLM will be sued in violation of European consumer law if it does not cease misleading advertisement claims under its ‘Fly Responsibly’ campaign to the effect that CO2 compensation measures and alternative fuels can make flying sustainable. The Fly Responsibly ads present the airline as “creating a more sustainable future” and on track to reduce its emissions to net zero by 2050.

Environmental organisations FossielVrij NL, Reclame Fossielvrij en ClientEarth claim that there is no such thing as ‘flying responsibly’ at present, and that KLM seeks company growth and increased flight sales, whilst it should be reducing emissions by reducing the number of flights ‘to keep a just, liveable world within reach’. Specifically, the organizations claim that customers are offered to buy carbon offset – labelled ‘CO2ZERO’ – by funding reforestation projects or KLM’s purchase of biofuels, but that such labels are misleading and that such products do not make a meaningful contribution to reducing KLMs footprint. Moreover, KLM’s marketing undermines the urgent action needed to minimise climate catastrophe.

The case builds on a national decision of the national Advertisement Code Commission on 8 April 2022, the Dutch media watchdog dealing with complaints about misleading advertisement under the Advertisement Code. The commission ruled that elements of the ‘Fly Responsibly’ campaign violated the codes provisions on misleading advertising, especially those elements referring to ‘climate neutrality’ or ‘CO2ZERO’. This includes slogans like ““Be a hero, fly CO2ZERO” or “CO2 neutral: KLM compensates for the CO2 emissions of your KLM Holidays flight.” The Commission noted, inter alia, that whilst the reforestation program in which KLM invests meets certain recognized theoretical standards (e.g. Gold Standard certification), there exist doubts in practice and amongst experts that emission reduction certificates purchased by KLM, result in the full and permanent compensation 'down to zero' of personal flight footprints in practice, as suggested by the campaign. The absolute environmental claims of “CO2-neutrality” and “CO2ZERO” must be accompanied by sound, independent, verifiable and generally recognized evidence that in practice there is also guaranteed full compensation.

On July 6, 2022, FossielVrij NL v. KLM filed a claim in the Amsterdam District Court on against Dutch airline company KLM. The Court found that KLM had violated Dutch consumer law. 

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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.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

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

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 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.

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

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

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

Actions or measures to adapt terrestrial systems to climate change.

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

Actions to reduce emissions in energy generation and supply.

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

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.

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.

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.

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

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

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

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

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

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

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.

FossielVrij NL v. KLM - judgment

Target

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance