Skip to content
The Climate Litigation Database

Uniper v. the Netherlands

Geography
International
Year
2021
Document Type
Litigation

About this case

Filing year
2021
Status
Withdrawn
Geography
International
Court/admin entity
Case category
Suits against governments (Global)Trade and Investment (Global)Climate-justified measures (Global)
Principal law
At issue
Whether the Netherlands' plan to phase out coal by 2030 violates the Energy Charter Treaty.

Documents

Filing Date
Document
Type

Summary

On April 30, 2021, German energy company Uniper filed a dispute against the government of the Netherlands alleging that the government's plan to phase out coal by 2030 violates the Energy Charter Treaty. In 2022, the German government decided to bail out and nationalize Uniper in order to deal with the major financial struggles faced by the company as a result of the energy price crisis and war in Ukraine. As part of the deal, Uniper agreed to withdraw the arbitration case against the Netherlands. A similar ICSID arbitration case by RWE against the Netherlands is still pending. Several national cases by RWE and Uniper against the Netherlands also exist.