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We've won a lot, but a concrete emission reduction order is needed.
The ruling of the Court of Appeal of November 12, 2024, is an important step forward for the climate. The Court of Appeal ruled that Shell has an obligation to reduce its emissions, but at the same time, the court said that it could not determine the necessary reduction percentage, claiming there is insufficient scientific consensus.
But a concrete emission reduction order is needed to offer effective protection against dangerous climate change.
We have a strong case in appeal at the Supreme Court. Key-components are: effective legal protection, consensus & Common Ground-method and effectiveness.
Read all about it: The originating document on appeal at the Supreme Court in Dutch. (English translation available here soon)
Explainer Appeal Supreme Court Milieudefensie vs Shell - 12 Feb 2025
Summary Ruling Court of Appeal - 12 Nov 2024
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Feedback
This tool is brand new. We aim to develop and improve it constantly. If you have any feedback or find bugs on the website. Please send an email to climatecase@milieudefensie.nl
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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:
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4. The Power and Control over Emissions
5. The Position of Non State Actors in the UN Climate Regime
7. The Human Rights Obligations of Businesses
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
PDF’s - All the original documents
Statement of Defence on Appeal after Joinder
Statement of Defence on Appeal
May 2021 - Judgment in First Instance
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