VZW Klimaatzaak v. Belgium

Cette page en français: ASBL Klimaatzaak c. Belgique

Modeled on Urgenda, this case was brought by the NGO Klimaatzaak and almost 60,000 Belgian citizens, making it the largest lawsuit in Belgian history. The plaintiffs sued the Belgian government for insufficient action on climate change.

The claimants request an injunction covering the obligations to reduce GHG emissions originating on Belgian territory by 2025, 2030 and 2050. More particularly, the request is to order the defendants to take or have taken the necessary measures to reduce the net emissions originating on Belgian territory: - by 48% (at least 42%) compared to 1990 by 2025 - by 65% (at least 55%) compared to 1990 by 2030 - with zero net emissions reached in 2050.

The case was initially filed in 2014 but experienced years of delays due to the complex nature of the Belgian legal system. The case went to trial in March 2021.

Relevant Laws and Principles

 * Civil Code articles 1382 and 1383
 * Articles 2 and 8 of the European Convention on Human Rights
 * Articles 6 and 24 of the UN Convention on the Rights of the Child

Ruling
On June 17, 2021, the Court of First Instance of Brussels has condemned the Belgian authorities for their negligent climate policy. The judge ruled that the Belgian climate policy violated the legal duty of care but also human rights.

The complaint was declared admissible, the federal state and the three regions were declared jointly and severally liable. The judgment states that the government is violating Articles 2 and 8 of the European Convention on Human Rights with the current climate policy. These articles enshrine the right to life and the right to respect for private and family life. The judge considered that protection against dangerous global warming is a human right that must be protected by states.

However, the court did not impose concrete reduction targets.

Links

 * Case Website
 * Sabin Center Database
 * Grantham Research Institute