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Greenpeace v. Spain I - complaint

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Greenpeace v. Spain I - Other

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Greenpeace v. Spain I - order

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Greenpeace v. Spain I - decision

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Greenpeace v. Spain I - appeal

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Greenpeace v. Spain I - reply

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Greenpeace v. Spain I - judgment

Filing Year For Action

On September 15, 2020, Greenpeace Spain, Oxfam Intermón, and Ecologistas en Acción filed a motion notifying the Supreme Court of their intention to sue the Spanish Government, alleging failure to take adequate action on climate change. The plaintiffs assert that Spain is in violation of Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action. According to plaintiffs, by December 2019, Spain should have approved a National Energy and Climate Plan with climate goals for 2030 and a Long Term Strategy with goals for 2050; and the draft plan is not consistent with the Paris Agreement and IPCC recommendations to keep global warming to 1.5 degrees Celsius. The complaint seeks an order compelling greater climate action. 

On September 30, 2020, the Supreme Court admitted the statement of claim and required the Ministry of the Presidency to present its administrative file within 20 days. After the government presented its file, plaintiffs filed an application for the Court to order an expanded file on the argument that the file the government presented was incomplete. The Court rejected this application, and Plaintiffs appealed. 

In the meantime, on November 3, 2020, Spain's Council of Ministers approved a Long Term Decarbonization Strategy for 2050. Then, on November 26, 2020, the State Attorney filed a motion to dismiss the plaintiff's claims with regard to the Long Term Strategy, and plaintiffs filed a motion on December 15, 2020 agreeing with the dismissal of that claim but retaining their suit challenging the lack of a 2030 plan. 

On December 15, 2020, plaintiffs filed their lawsuit in the Supreme Court, alleging that Spain unlawfully failed to produce a National Energy and Climate Plan with 2030 climate targets, in violation of national law, EU regulations, and their obligations under the Paris Agreement. 

The government filed their response on March 2, 2021. Two weeks later, the Supreme Court issued a decision rejecting all of the plaintiffs' witnesses as irrelevant to the trial, and the plaintiffs appealed this decision.

Also in March 2021, the government approved the National Energy and Climate Plan. The defendants then filed a brief requesting dismissal of the case for lack of subject matter jurisdiction. The plaintiffs filed their response on May 26, 2021. In the meantime, the plaintiffs filed additional case challenging the National Energy and Climate Plan. 

On June 14, 2021, the Supreme Court rejected the defendants' motion to dismiss for lack of subject matter jurisdiction. The Court found that the approval of the National Energy and Climate Plan did not exhaust plaintiffs' claims because their claims were broader than simply seeking the passage of the Plan. Instead, they sought an order that the Plan must be more ambitious to be aligned with the objectives of the Paris Agreement. On June 30, 2021, the government appealed. On July 9, 2021, the plaintiffs responded to the appeal. 

On September 14, 2021, the Supreme Court rejected the State's appeal to dismiss the case. The Supreme Court found that the inactivity of the Spanish government can still be observed, since the government has not fully complied with the content of the Paris Agreement.

On March 7, 2022, the Supreme Court issued a ruling (not publicly available) which stated that the case was ready for deliberation. Greenpeace appealed the ruling based on formal considerations. The appeal particularly focused on a request that Greenpeace vs. Spain II be jointly considered and judged, given the close connection between the matters under both of them. On March 31, 2022, the Supreme Court rejected Greenpeace's arguments and confirmed the earlier ruling. The case is pending final decision.

On 20 June 2023, the Supreme Court issued its final decision on Greenpeace v. Spain, known as the trial for climate (“el juicio por el clima”). The decision was notified to the parties on 27 July and, although still pending publication, the Supreme Court ruled in favor of the Government of Spain and against the environmental and human rights organizations such as Greenpeace and Oxfam who sued the Government of Spain alleging failure to take adequate action on climate change. Particularly, the plaintiffs alleged that the National Energy and Climate Plan 2021-2030  (PNIEC) approved by the Government of Spain was not ambitious enough to meet the Paris Agreement's temperature goals.  Spain’s Energy and Climate Plan 2021-2030 is the main Spanish instrument that defines the goals for GHG emissions reduction, sets out the objectives for renewable energy and those of energy efficiency for the period 2021-2030.

The plaintiffs requested the Supreme Court that the PNIEC was declared partially null, as the objectives laid out not to exceed 1.5º C were not ambitious enough, as the GHG emissions reduction should at least be 55% in 2030, compared to 1990, and the organizations found that the 23% reduction set out in the PNIEC was not adequate. Alternatively, the plaintiffs requested the Supreme Court that the PNIEC was wholly declared null. 

Notwithstanding, the Supreme Court decision argues that the Government of Spain has acted in accordance with the Paris Agreement and cannot be held accountable for non-compliance, as it has joined the Paris Agreement through the European Union, and has passed national legislation in accordance with the commitments adopted at EU level. 

The Supreme Court points out that although the Paris Agreement and the subsequent EU commitments and regulations adopted constitute the minimum limit for Member States to adopt their own regulations, it cannot be concluded that the Spanish Government has failed to adopt regulation, when the regulation passed is aligned with the EU commitments to which the Spanish State is adhered such as the Paris Agreement. 

Moreover, the Supreme Court argues that the objectives laid down in the PNIEC cannot be deemed as arbitrarily, but on the contrary, as they are aligned with the EU regulations and follow EU's criteria for PNIECs. The Court goes beyond to state that, in declaring the PNIEC null, and even noting that the Paris Agreement and EU regulations allow Member States to set out more ambitious objectives, if the Court declared the PNIEC null it could be in violation of the scope of their jurisdiction, as the PNIEC was adopted and negotiated harmoniously within the EU.

All documents below are in Spanish. 

Greenpeace v. Spain I

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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.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Actions or measures to adapt terrestrial systems to climate change.

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

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

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 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.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

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.

Activities that provide lodging, food, and entertainment services to guests, including hotels, restaurants, and resorts.

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

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

Work that is productive and delivers a fair income, security in the workplace and social protection for all, better prospects for personal development and social integration, freedom for people to express their concerns, organize and participate in the decisions that affect their lives and equality of opportunity.

Financial support to help individuals manage the effects of unexpected events, securing their livelihoods and increasing the resilience of people and businesses to the changing climate. It’s especially vital in developing regions where everyday risks, climate-related weather extremes, or crop failures can push people into poverty. Without insurance, people may have to resort to selling assets or cutting consumption to cope with losses.

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.

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

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.

Coastal zone and marine-related actions and measures to adapt and increase resilience to climate change

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

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.

This sector provides communication services, software development, and IT solutions.

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

woman and genders outside of the gender binary

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

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

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.

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

This sector involves the wholesale and retail selling of goods.

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.

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.

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.

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.

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

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

Kinetic energy of airflow transformed into useful energy, mostly electrical energy.

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

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.

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.

Greenpeace v. Spain I - complaint

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance