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Greenpeace Netherlands v. State of the Netherlands - Other

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Greenpeace Netherlands v. State of the Netherlands - judgment

Filing Year For Action

On October 7, 2020, Greenpeace Netherlands filed suit alleging that the Dutch government's bailout package for airline KLM violated the State's duty of care to prevent the high risk of dangerous climate change. In a notice of possible legal procedure sent to the Dutch government in advance of the suit, plaintiffs cited the European Convention on Human Rights and the Paris Agreement as establishing that duty of care, and the Dutch Supreme Court's Urgenda decision as affirming the duty of care. Plaintiffs alleged that by failing to attach binding climate conditions to the 3.4 billion euro bailout package, the government violated human rights. Greenpeace sought a court order either prohibiting the State from providing financial support or conditioning such support on KLM setting a cap on CO2 emissions by the airline.  

On December 9, 2020, the Hague District Court judge rejected Greenpeace's claim on the grounds that the State does not have a legally enforceable obligation to attach climate conditions to the bailout package. The judge reasoned that the executive has a high level of discretion in acting to respond to the coronavirus crisis, and that a judge is limited in such situations to intervening only where a positive legal right has been violated. The judge found no such right here because the Paris Agreement and other international climate treaties do not commit parties to reducing emissions from cross-border aviation. Further, the judge noted that the sustainability conditions that were included in the bailout package were fully in line with the Netherlands' international climate obligations. 

Greenpeace Netherlands v. State of the Netherlands

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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.

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.

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

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.

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

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

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

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

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

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

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

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

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.

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

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

Greenpeace Netherlands v. State of the Netherlands - judgment

Target

Policy instrument

Risk

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance