Milieudefensie et al. v. Royal Dutch Shell plc.

In April 2019, Milieudefensie (Friends of the Earth Netherlands) and co-plaintiffs (more than 17,000 individuals, ActionAid NL, Both ENDS, Fossielvrij NL, Greenpeace Netherlands, Young Friends of the Earth NL, Waddenvereniging) served Shell a court summons alleging its contributions to climate change are in breach of its duty of care under Dutch law and human rights obligations. The case was filed in the Hague Court of Appeals. The plaintiffs seek a ruling from the court that Shell must reduce its CO2 emissions by 45% by 2030 compared to 2010 levels and to zero by 2050, in line with the Paris Climate Agreement. This case builds on the landmark Urgenda decision which found that the Dutch government’s inadequate action on climate change violated a duty of care to its citizens. In the suit against Shell, plaintiffs extend this argument to private companies, arguing that Shell has a duty of care to take action to reduce its greenhouse gas emissions consistent with the Paris Agreement’s goals and scientific evidence. On 13 November 2019, Shell filed a formal response to the summons.

Plaintiffs have until June 2020 to reply. Hearing dates on selected topics to be scheduled towards the end of 2020 and beginning of 2021. Following the landmark Supreme Court ruling in the Urgenda case, the chances of success for this case against Shell have increased. It is an important test case because it could result in the first court order requiring an oil company to align a long-term business strategy with the Paris Agreement. Also, this type of litigation could be potentially replicated in other jurisdictions.