Summary:
CAN Europe and the Global Legal Action Network (GLAN) have taken legal action against the European Commission before the General Court of the EU, challenging its greenhouse gas emissions allocations under the Effort Sharing Regulation (ESR), which covers sectors like buildings, agriculture, waste, transport, and small industry, responsible for about 57% of the EU’s total emissions. The NGOs argue that the Commission’s current climate goals, including the Annual Emissions Allocations (AEAs) for Member States, are insufficient to meet international climate commitments and protect human rights.
In particular, the NGOs argue that the AEAs under the revised 2030 target, set following the ‘Fit for 55’ legislative package, do not sufficiently limit emissions to stay within the 1.5°C global warming target agreed upon in the Paris Agreement. They claim that the Commission failed to conduct proper assessments of global emissions reductions, the EU’s fair share of those reductions, and the impacts of climate change on human rights. The NGOs are pushing for the AEAs to be revised to a more ambitious reduction target of at least 65% by 2030.
Claim:
CAN Europe and GLAN are challenging the European Commission’s decision to set emissions targets for Member States that they deem inadequate to protect fundamental human rights and comply with environmental law. They argue that the Commission’s current Annual Emissions Allocations (AEAs), which allow a 55% reduction in emissions by 2030 compared to 1990 levels, are insufficient. The NGOs claim that the Commission failed to make necessary assessments about the EU’s fair share of global reductions, the feasibility of domestic emissions reductions, and the impacts of climate change on human rights. They demand the Commission to revise the AEAs and increase the EU’s overall 2030 climate target to a 65% reduction in emissions.
Latest Developments and Significance:
In August 2024, CAN Europe and GLAN submitted their final legal arguments to the General Court, marking a significant step in the case. The European Commission is expected to submit its final observations in September 2024. This case follows the Commission’s rejection of the NGOs’ internal review request in December 2023, which prompted the legal action in February 2024. The case has been given priority by the Court due to its urgency.
The case is significant because it directly challenges the EU’s current climate policies, specifically the adequacy of the ‘Fit for 55’ legislative package in meeting global climate goals. A favorable ruling for the NGOs could force the European Commission to revise its emissions targets and adopt more stringent measures to prevent climate change, potentially setting a new precedent for environmental law in Europe. It could also align EU climate action more closely with fundamental human rights and science-based climate targets, as called for by the Paris Agreement.
This case follows the landmark KlimaSeniorinnen ruling from the European Court of Human Rights, which established the requirement for States to adopt science-based emissions targets. If the EU Court takes a similar stance, this case could reshape the legal landscape for climate action within the EU, pushing for more aggressive and immediate measures to combat climate change.
Status of the case:
The case is currently pending before the General Court of European Union.
Links:
The related documents are accessible here, here, and here.
Suggested case citation: CAN Europe and Global Legal Action Network v. European Commission (General Court of the European Union, pending).
Last updated:
13 October 2024.