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Take Down Macron Protester Cases

Filing Date: 2019
Reporter Info: Not available
Status: Pending
Case Categories:
  • Suits against corporations, individuals
    • Protesters
Jurisdictions:
  • France
    • Criminal Court of Paris
  • France
    • Criminal Court of Strasbourg
  • France
    • Criminal Court of Bonneville
  • France
    • Criminal Court of Auch
  • France
    • Court of Appeal of Bordeaux
  • France
    • Court of Appeal of Lyon
  • France
    • Court of Appeal of Colmar
  • France
    • Criminal Court of Lyon
Principal Laws:
  • France
    • French Criminal Code
Summary:

In more than 35 trials, climate protestors across France have defended against theft and refusal to provide DNA charges stemming from their activities as part of the "Take Down Macron" movement. Defendants argued that they had stolen or attempted to steal portraits of the French President, Emmanuel Macron, in official city and government buildings out of necessity to call attention to France's failure to meet its climate targets. Judgments in the trials ranged from acquittals to fines of hundreds of Euros. Several of the judgments were appealed, with at least three cases reaching their final conclusion as of December 2020. Documents from six of the cases are available below. More documents will be added as they become available.

In one of the trials, in Lyon, two defendants were charged with fraudulently removing the portraits from a town hall in Lyon in February 2019. The prosecutor sought to impose a fine of 500 euros on each defendant. The court heard testimony from a former government minister that France has not complied with the Paris Agreement due to a lack of political will, and that only the president can order the action required by the present situation. An ecologist also testified about the necessity for rapid change in order to limit temperature rise. The defendants argued that the use of legal channels and warnings from scientific experts had not provided sufficient leverage, and they believed that acts of nonviolent civil disobedience were required to raise awareness of the need for policy change.

The court agreed, finding that climate change seriously affects the future of humanity by provoking natural disasters, leading to violent conflicts, and threatening flora and fauna; and that although France is committed to certain measures to address climate change, the defense's submissions showed that the government's objectives will not be achieved. The court concluded that, under these circumstances, citizens' means of expression could not be limited to voting, and that the defendants' theft of the portrait was a necessary substitute for impossible dialogue between the government and the people. The court accordingly acquitted both defendants.

The prosecutor appealed the judgment, and the appeal hearing is set for December 19, 2020.

At Issue: Climate activists defend against theft and refusal to identify charges by claiming civil disobedience was necessary to bring attention to France's failure to meet its climate targets
Case Documents:
Filing Date Type File Summary
09/16/2019 Judgment Download Original judgment in Lyon (two defendants)
09/16/2019 Judgment Download Unofficial English Translation of Lyon Judgment
01/14/2020 Appeal Download Prosecutor's appeal of Lyon judgment
06/26/2019 Judgment Download Original judgment in Strasbourg (three defendants)
12/03/2020 Appeal Download Appeal decision acquitting defendants in Strasbourg case
10/16/2019 Judgment Download Original Judgment in Paris (nine defendants)
12/05/2019 Judgment Download Original Judgment in Bonneville (seven defendants)
10/27/2020 Judgment Download Original judgment in Auch (five defendants)
09/16/2020 Appeal Download Prosecutor's appeal in Bordeaux case (eight defendants)

© 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.