Executive Summary of Complaints (in English) 

On November 7, 2024, a coalition of European non-governmental organizations (NGOs) formally submitted coordinated complaints to the European Commission,* seeking the initiation of infringement proceedings against France, Germany, Ireland, Italy, and Sweden for alleged violations of their legal obligations under European Union (EU) law concerning their National Energy and Climate Plans (NECPs).

These complaints are supported by evidence demonstrating that the NECPs of the aforementioned Member States are insufficient and fail to comply with the EU’s binding climate and energy targets. The NGOs contend that these plans lack adequate and effective measures to transform the stated commitments into tangible outcomes and fail to incorporate meaningful public participation in developing socially equitable policies. Despite the deadline for submission of NECPs having passed on June 30, 2024, only 14 Member States have complied, and the coalition asserts that these delays and deficiencies undermine the EU’s overarching climate objectives and the principle of a just transition for its citizens.

The complaint against France, submitted by the organization Notre Affaire à Tous (NAAF), alleges extensive non-compliance with EU climate and energy law. Specifically, NAAF highlights that France’s transition measures are inequitable, jeopardizing their implementation and public acceptance. While France has committed to a gross reduction of emissions by 50% by 2030, compared to 1990 levels, this pledge is contradicted by an “apparent disregard” for its net emissions obligations, which include the role of carbon sinks. According to NAAF, France’s NECP effectively acknowledges a collapse in its natural carbon sinks, with the absorption of CO2 by these sinks projected to decline from an earlier target of -42 MtCO2eq to -8 MtCO2eq for the 2024–2028 carbon budget, far below the EU-mandated minimum of -31 MtCO2eq. This significant reduction would result in a net increase in emissions during this period, in direct contravention of EU requirements.

Furthermore, NAAF asserts that critical sectors such as transport and buildings, which are central to France’s National Low Carbon Strategy (Stratégie Nationale Bas Carbone, or SNBC), have suffered from severe policy regressions and financial cutbacks. Examples include reductions in funding for the “Ma Prime Rénov” renovation grant and the national cycling plan. NAAF also points to delays in renewable energy projects, jeopardizing France’s commitment to achieving 45% renewable energy in final energy consumption by 2030. The organization concludes that the abandonment, postponement, or rollback of numerous measures within the NECP raises serious concerns regarding the plan's credibility and France’s capacity to meet its stated goals.

NAAF further contends that France’s approach to public consultation undermines the legitimacy of its NECP. Although France submitted its NECP months ago, it is still conducting public consultations on related climate planning documents, such as SNBC 3 and the Multiannual Energy Plan (Programmation Pluriannuelle de l'Énergie, or PPE). However, certain elements currently under consultation have already been incorporated as binding commitments in the NECP. NAAF argues that this process casts doubt on the authenticity of the government’s intent to genuinely consider public and stakeholder input. NAAF emphasizes that robust and inclusive consultation processes are essential, particularly given the socially unjust decisions codified in the NECP. For instance, France has effectively abandoned a meaningful fight against energy poverty: the NECP sets a modest target to reduce the percentage of households experiencing energy poverty by just 0.5% by 2030, from 11.6% in 2022 to 11.1%, despite these households being increasingly vulnerable to climate and energy-related challenges.

*Pursuant to EU law, the European Commission is mandated to ensure that Member States fulfill their legal obligations. Should the Commission determine that a Member State is in breach, it may initiate formal infringement proceedings to bring national legislation and practices into compliance with EU law. The Commission has 12 months to respond to these complaints.


Notre Affaire à Tous v. France

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Notre Affaire à Tous v. France - press release

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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

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

The processes through which enterprises can identify, prevent, mitigate and account for how they address their actual and potential adverse impacts. Due diligence is the idea that reasonable precautions should be taken to avoid causing harm to people, the environment, or society. It also involves identifying and mitigating risks before they occur.

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

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 and measures to adapt and increase resilience of societies and the economy to climate change.

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

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

Actions to reduce emissions in energy generation and supply.

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.

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

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.

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.

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

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

woman and genders outside of the gender binary

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.

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

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

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

This sector involves the wholesale and retail selling of goods.

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

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.

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.

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.

Notre Affaire à Tous v. France - press release

Target

Policy instrument

Risk

Impacted group

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance