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Court of Appeal: Shell has a duty to citizens to limit its CO2 emissions

The Hague, 12 November 2024

The Court of Appeal has ruled that the oil and gas giant does have a responsibility to reduce its emissions, but has not imposed a concrete reduction obligation.

Milieudefensie sees a number of important points of reference to build on in their legal battle against large polluting companies.

Lawyer Roger Cox: "This is a ruling for the entire business community and not just for Shell. The court makes it abundantly clear that not only countries, but also companies have a responsibility to reduce their emissions in line with the Paris Climate Agreement."

Read more in our press releasehttps://en.milieudefensie.nl/news/court-of-appeal-shell-has-a-duty-to-citizens-to-limit-its-co2-emissions

The link to the ruling:   https://uitspraken.rechtspraak.nl/details?id=ECLI:NL:GHDHA:2024:2100&showbutton=true&keyword=2100&idx=1

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Legal Strategy


Defending the Danger Line

The climate case against Shell is based on an inspiring legal strategy. The building blocks of this legal strategy can be used in a wide range of climate cases against corporations and governments all over the world and are therefore the starting point of this tool. It's important to realize these building blocks do not stand alone, but are connected to each other. Furthermore, the summary of the building blocks is non-exhaustive. Extensive information can be found in the legal documents themselves. The legal documents contain valuable argumentation lines, insights, and expertise with regard to a wide range of topics such as climate science, business and human rights, scope 3 accountability, the division between courts and politics, etc.

The legal strategy and all legal documents filed by Milieudefensie in the climate case against Shell are now easily accessible and easy to find in this tool.

Milieudefensie aims to support and inspire litigators, activists, academics, students, or anyone interested in the matter, to achieve climate justice all over the world!

If you would like to stay informed please subscribe here to the Milieudefensie climate case tool email list. Every time a new legal document is filed, you will receive an alert.

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The case against Royal Dutch Shell was brought by a number of Dutch NGO’s: Vereniging Milieudefensie (Friends of the Earth Netherlands), Stichting Greenpeace Nederland, Stichting ter bevordering van de Fossielvrij-beweging, Landelijke Vereniging tot Behoud van de Waddenzee, Stichting Both ENDS, Vereniging Jongeren Milieu Actief and Stichting Action Aid.

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All rights reserved. These documents are unofficial (machine) translations. See:

Disclaimer

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The Building Blocks


The Building Blocks

1. The Climate Science

2. The Political Consensus

3. The Solution

4. The Power and Control over Emissions

5. The Position of Non State Actors in the UN Climate Regime

6. The Human Rights Impact

7. The Human Rights Obligations of Businesses

8. The Governance Gap

9. The Global Group Corporate Policy

10. The Relationship between Climate Action and other interests

11. The Relationship between Courts and Politics

12. The Effectiveness of Emission Reduction orders

13. The Proportionality of Emission Reduction orders

The Shell Case


The Shell Case

PDF’s - All the original documents

April 2024 - Oral hearings

March 2024 - Expert letters

Statement of Defence on Appeal after Joinder

Statement of Defence on Appeal

October 2022 - Expert Letters

May 2021 - Judgment in First Instance

December 2020 - Oral hearings

Statement on the record of response to exhibit RK 37

Statement on the record of submission of additional exhibit

Statement on the record explaining the amendment of claim relief sought part 1 a

Statement on the record of amendment of claim

Court Summons

Notice of liability

The ING Case


The ING Case

Notice of Liability