Commune de Grande-Synthe v. France

Cette page en français: Commune de Grande-Synthe c. France

In November 2018, the municipality of Grande-Synthe, located in the North of France, sued the state before the French Council of State. The four organizations of The case of the century added their arguments to this lawsuit because of their similarities. In these two cases, the debate centers around the state's obligations concerning the fight against climate change.

Background
This legal action was initiated before the Council of State, the Administrative Supreme Court, due to the government's inaction against climate change. It was initiated, on the one hand, by the municipality of Grande-Synthe, as a legal person; and on the other hand, by its mayor, Damien Carême, acting under his office and as a citizen.

Grande-Synthe is a coastal town located in a climate risk exposure index area described as very high. This legal action is the result of the government's refusal to take additional measures, at the request of the applicants, to respect the objectives of the Paris Agreement.

Ruling
On November 19, 2020, the Council of State declared admissible the municipality's application. However, the one initiated personally by its mayor was dismissed.

The Council of State asks the government to justify within 3 months that the reduction trajectory by 2030 can be respected. In the absence of satisfactory evidence from the state, it could be ordered to take additional measures to comply with its climate targets, which consist of a 40% reduction in GHG emissions by 2030.

On July 1, 2021, the Council of State ordered the state to take additional measures over the next 9 months to achieve the goal of a 40% reduction in GHG emissions by 2030. The Council of State observed that France's current path does not allow it to meet its commitments under the Paris Agreement. It ordered "the Prime Minister to take all useful measures to bend the curve of greenhouse gas emissions (...) to ensure its compatibility with the objectives."

Takeaways
This decision is the first decision by a Supreme Court in France regarding climate litigation. This decision marks progress in the recognition of the state's climate inaction as the goals it set for itself and the path to achieving them become binding.