• Skip to main content
  • Home
  • Contact
  • About
  • Search
    • Search US
    • Search Global
  • Global Litigation
  • U.S. Litigation

Greenpeace Netherlands v. State of the Netherlands

Filing Date: 2020
Status: Decided
Case Categories:
  • Suits against governments
    • Human Rights
      • Other
  • Suits against governments
    • GHG emissions reduction and trading
      • Other
Jurisdictions:
  • Netherlands
    • The Hague
      • District Court
Principal Laws:
  • UNFCCC
    • Paris Agreement
  • European Convention on Human Rights
Summary:

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.

At Issue: Whether the Dutch government violated its duty of care to prevent dangerous climate change by failing to attach stringent climate conditions to its coronavirus bailout package of the airline KLM.
Case Documents:
Filing Date Type File Summary
09/14/2020 Not Available Download Notice of possible legal procedure (in Dutch)
11/18/2020 Not Available Download Plaintiffs' advocacy note (in Dutch
12/09/2020 Judgment Download District Court Judgment (in Dutch)

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.