Update on the landmark Belgian Klimaatzaak / l’Affaire Climat: The Court orders the Belgian government to accelerate greenhouse gas emission reductions
30 Nov 2023
In a landmark ruling dated June 17 2021, the Brussels Court of First Instance found the Belgian government and the three Regions in violation of its duty of care by failing to implement necessary measures to mitigate the adverse impacts of climate change. This case was initiated by an organization representing concerned citizens, supported by 58,000 co-plaintiffs. They stated that Belgian, European and International law necessitates a more proactive approach from the government in reducing greenhouse gas emissions.
The Court held both the federal state and the three regions collectively and individually accountable for their failure to establish effective climate governance. Despite being aware of the potential risks posed by climate change to the country’s population, the authorities' lack of action was deemed a failure to exercise prudence and diligence as stipulated under Article 1382 of the Old Civil Code.This article establishes the regime of civil liability, stating that any person who commits a fault or breaches an obligation, causing harm, is obligated to repair it if a causal link is demonstrated.
However, the Court abstained from issuing an injunction mandating the government to adopt the specific emission reduction targets requested by the plaintiffs. The Court cited the separation of powers doctrine as limiting its jurisdiction in setting such targets, as it would infringe upon their legislative authority.
Disappointed by the Court's refusal to mandate climate targets, the organization appealed the verdict on 17 November 2021.
Today, on 30 November, the Court of Appeal rendered its judgment. The court ruled that the Belgian government, more specifically the federal government, the Flemish and Brussels Regions, must jointly reduce their greenhouse gas emissions by 55% by 2030. The Court added that the State has not taken sufficient measures to protect the fundamental rights of its citizens.
This judgment does not only confirm the explicit liability of the government regarding its climate obligations, but can also have a significant impact on a regulatory level. Indeed, if the court has decided to issue an injunction against the government, it will be compelled to take action and implement measures to mitigate the impact of climate change. This will likely have repercussions on legal or regulatory aspects of the Belgian legal landscape. In terms of judicial precedent as well, it will likely open the door to potential future actions in Belgium against other government institutions and elsewhere in Europe.
The text of the judgment is not available yet but we will provide you with a closer analysis of the case as soon as it is published.
For inquiries regarding the impact this Climate case could have also on private businesses, or for any sustainability legal related matters, please don't hesitate to contact one of our experts.
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