Author: Corina Heri

Associate professor, HYDR/Faculty of Law and Criminology, Vrije Universiteit Brussel (VUB)

Categories
Access to a remedy Austria Disability and health-related inequality Emissions reductions/mitigation European Convention on Human Rights European Court of Human Rights Fair trial Paris Agreement Private and family life Right to life Victim status Vulnerability

Müllner v. Austria

Summary:
On 25 March 2021, an application was filed before the European Court of Human Rights concerning the impact of climate change (specifically, temperature increases) on an applicant suffering from temperature-sensitive multiple sclerosis and Uhthoff’s syndrome. The applicant alleged a violation of his rights under Article 8 ECHR by the failure by the Austrian government to set effective greenhouse gas emissions reduction measures.

The applicant alleged in particular that, at temperatures above 25 degrees Celsius, he is no longer able to walk, and that above 30 degrees Celsius, he loses complete control over his muscular movement. He alleged that, by failing to sufficiently reduce its emissions to meet the goals set out in the Paris Agreement, the respondent State had not only made it impossible to meet the 1,5 degree Celsius warming target set out therein, but had even actively taken measures to exacerbate the climate crisis, including through subsidies and incentives. The applicant also alleged that the domestic State’s legal system systemically impeded him from challenging the climate policies at stake, and the government’s inaction in this regard. This, he submitted, reflects a systemic deficit in the domestic legal system, making it impossible to challenge inaction by the State.

The applicant invoked the right to respect for private and family life in Article 8 ECHR, and subsidiarily the right to life in Article 2 ECHR, as well as the rights to access to a remedy and fair trial in Articles 13 and 6 ECHR.

The case was initially adjourned pending the outcome of Grand Chamber proceedings in three other climate cases, in which the Court issued its rulings on 9 April 2024 (KlimaSeniorinnen, Duarte Agostinho and Carême). On 1 July 2024, it was announced that the Court had communicated the case to the Austrian government. The Court also granted the case priority under Article 41 of the Rules of Court, meaning that it will receive expedited treatment.

Status of case:
The case was communicated to the Austrian government on 1 July 2024 as per the Court’s press release below.

In communicating the case, the Court asked the following questions of the parties:

1.  Is the application admissible? In particular:

a.  Has the applicant exhausted all effective domestic remedies, as required by Article 35 § 1 of the Convention in respect of each of his complaints lodged with the Court under Articles 6, 8 and 13 of the Convention (see Duarte Agostinho and Others v. Portugal and Others (dec.) [GC], no. 39371/20, § 215, 9 April 2024, and Communauté genevoise d’action syndicale (CGAS) v. Switzerland [GC], no. 21881/20, §§ 138-145, 27 November 2023)?

b.  Can the applicant claim to be a victim of a violation of Article 8 of the Convention, within the meaning of Article 34 of the Convention (see Verein KlimaSeniorinnen Schweiz and Others v. Switzerland [GC], no. 53600/20, §§ 460-472, 478-488, 527-535, 9 April 2024)?

c.  Was Article 6 § 1 of the Convention under its civil head applicable to the proceedings in the present case (see Verein KlimaSeniorinnen Schweiz and Others, cited above, §§ 594-625)?

2.  To the extent that the complaints are admissible, has there been a violation of Articles 6, 8 and 13 of the Convention? In particular:

a.  Has there been an interference with the applicant’s right to respect for his private and family life or home, within the meaning of Article 8 § 1 of the Convention?

Did the respondent State fail to comply with its positive obligations to effectively protect the applicant’s respect for his private and family life, including his home (see Verein KlimaSeniorinnen Schweiz and Others, cited above, §§ 538-574)?

b.  Did the applicant have access to a court for the determination of his civil rights and obligations, in accordance with Article 6 § 1 of the Convention (see Verein KlimaSeniorinnen Schweiz and Others, cited above, §§ 626-640)?

Did the manner in which the Constitutional Court applied Articles 139 and 140 of the Federal Constitution involve excessive formalism (see Zubac v. Croatia [GC], no. 40160/12, §§ 80-86, 96-99, 5 April 2018, and Dos Santos Calado and Others v. Portugal, nos. 55997/14 and 3 others, §§ 111-117, 31 March 2020)?

c.  Did the applicant have at his disposal an effective domestic remedy for his Convention complaints, as required by Article 13 of the Convention?

Suggested case citation:
ECtHR, Müllner v. Austria, application no. 18859/21, filed on 25 March 2021, communicated on 1 July 2024.

Links:
For the last-instance domestic judgment in this case, see here: https://www.vfgh.gv.at/downloads/VfGH_Beschluss_G_144_2020_vom_30._September_2020.pdf

For the full text of the application to the Court, see here: https://www.michaelakroemer.com/wp-content/uploads/2021/04/rechtsanwaeltin-michaela-kroemer-klimaklage-petition.pdf

For more information on the case from Fridays for Future Austria, see here.

For a statement from the applicant’s lawyer, Michaela Kroemer, see here.

Last updated:
1 July 2024.

Categories
Domestic court Emissions reductions/mitigation Fossil fuel extraction Guyana Right to a healthy environment

Thomas & De Freitas v. Guyana

Summary:
On 21 May 2021, two Guayanese citizens filed a case in the domestic courts of Guayana, alleging that their constitutional rights had been violated by Guyana’s approval of oil exploration licences to a joint venture involving ExxonMobil and other corporations. They invoked the government’s duty to protect their right to a healthy environment, as well as the right of future generations to the same.

The case documents are not yet available. However, the case has been reported widely. For more information, see:

Background information:
The Human Rights Committee had previously voiced concerns about the oil exploitation licenses granted by the Guayanese government. In its 2020 List of Issues, it asked the Government to provide information on “concerns that large scale oil extraction significantly increases greenhouse gas emissions, causes ocean acidification and
rising sea-levels, and adversely affects the most vulnerable groups in the State party, including the Amerindian and fishery-dependent communities and individuals living in poverty’.

Categories
Blog

International Human Rights Courts and Bodies at the Edge of the Climate Tipping Point (Workshop, Hertie School)

On 9-10 June 2021, the Centre for Fundamental Rights at the Hertie School, the Grantham Research Institute on Climate Change and the Environment at the LSE, the University of Stirling and the Center for Human Rights and Global Justice at NYU will organize a workshop on International Human Rights Courts and Bodies at the Edge of the Climate Tipping Point.

The aim of this workshop is to appraise the potentials and limits of bringing climate crisis cases before international human rights courts and bodies. For a full programme and more information, click here.

Categories
Blog

Council of Europe Commissioner for Human Rights publishes observations in the Duarte Agostinho case

Yesterday the Council of Europe Commissioner for Human Rights published her written observations to the European Court of Human Rights in the case of Duarte Agostinho and others v. Portugal and 32 other States, which relates to the negative impacts of climate change on a range of ECHR human rights, in particular those of younger generations.

The Commissioner’s observation notes the pronounced impact of environmental degradation and climate change on human rights, and argues that international environmental and children’s rights law instruments should play a significant role in defining the scope of states’ obligation to prevent human rights violations caused by environmental harm. In the Commissioner’s view, the European Convention on Human Rights encompasses many elements of the right to a healthy environment, and provides a solid legal framework for the protection of victims of climate change. She also emphasised  the importance of access to justice and argued for flexible standing requirements, stating that climate change is “a cross-border problem that requires cross-border solutions”.

The Commissioner concluded that “the increasing number of climate change-related applications provide the Court with a unique opportunity to continue to forge the legal path towards a more complete implementation of the Convention and to offer real-life protection to individuals affected by environmental degradation and climate change.”

To read the full text of the intervention, click here.

This is not the only third-party intervention to be brought in Duarte Agostinho, which is shaping up to be a landmark case. A group of human rights organisations and academics, among the Amnesty International, have also published their intervention. To read their submission, click here.

Categories
Blog

Call for papers: Journal of World Investment & Trade

Hélène Ruiz Fabri, Stephan Schill and Sandrine Maljean-Dubois have published a call for papers for a special issue of the Journal of World Investment & Trade. The special issue will address interactions between international investment law and climate change.

The full text of the call for papers is available here. The deadline for abstract submission is 15 June 2021.

Categories
2021 Brazil Deforestation Domestic court Individual responsibility Right to a healthy environment

Ministério Público Federal v. de Rezende

Summary:
This case concerns the responsibility of an individual (a farmer in the Amazonia region of Brazil) for deforestation and thus for climate change, including human rights impacts.

The Ministério Público Federal (MPF) had brought a tort case against the farmer, Dauro Parreiras de Rezende, for causing the deforestation of 2,488.56 hectares of Amazon rainforest between 2011 and 2018. This had allegedly violated the right to a healthy environment as enshrined in the Brazilian Constitution. On 16 April 2021, a Federal Environmental and Agrarian Court granted an injunction ordering the removal of cattle from the land in question.

Climate Case Chart reports that MPF is seeking up to R$ 85.4 million (ca. $17 million USD) in damages for the climate damage itself, i.e., the value of the emissions related to the deforestation in question, human rights violations due to collective pain and suffering, other environmental damages, and compensation for the farmer’s illegal profits due to the deforestation.

More information:

For more detail and the text (in Portuguese) of the petition and judgment, visit Climate Case Chart.

For a newspaper report on the case (in Portuguese), see here.

Suggested case citation:
Federal Environmental and Agrarian Court, Ministério Público Federal v. de Rezende, petition filed on 7 April 2021

Federal Environmental and Agrarian Court, Ministério Público Federal v. de Rezende, preliminary decision issued on 16 April 2021

Categories
2022 Adaptation Czechia Deforestation Domestic court Emissions reductions/mitigation European Convention on Human Rights Evidence Paris Agreement Private and family life Right to a healthy environment Right to health Right to life Right to property Separation of powers Standing/admissibility Victim status

Klimatická žaloba ČR, z.s. and Others v. Ministry of the Environment, Ministry of Industry and Trade, Ministry of Agriculture, and Ministry of Transport, Czech Republic

Summary:

On 21 April 2021, the plaintiffs in this case (Klimatická žaloba ČR, an NGO established for the purpose of climate litigation; the Municipality of Svatý Jan pod Skalou; the Czech Ornithological Society; and four individuals) initiated a civil action against unlawful interference, naming four ministries of the Czech government and the Czech government (cabinet) as defendants. They contested failures to provide adequate and necessary mitigation and adaptation measures to protect against the adverse effects of climate change. They also alleged that the Czech government’s failures to adequately address climate change had violated the rights to life, health, a healthy environment, and other rights guaranteed by the Czech constitution, the Czech Charter of Fundamental Rights and Freedoms, and the European Convention on Human Rights. They alleged that this interference was constituted by their failure to implement concrete measures for the mitigation of climate change, based on international law (in particular, the Paris Agreement), EU law, and Article 35 of the Czech Charter on Fundamental Rights (Charter), which provides for the right to a favourable environment.

The plaintiffs sought a declaration that the Czech government failed to respect their rights by ensuring sufficient emissions reductions to meet the Paris Agreement’s targets. They also sought an order setting the Czech carbon budget at 800 Mt CO2 from January 2021 until the end of the century.

The plaintiffs were initially successful before the Municipal Court of Prague, whose judgment was subsequently annulled by the Supreme Administrative Court of the Czech Republic. On 5 February 2025, the plaintiffs filed a constitutional complaint before the Constitutional Court of the Czech Republic alleging violations of several rights under the Charter and Articles 2, 8 and 6 of the European Convention on Human Rights (ECHR).  

Procedural History 

The first instance the plaintiffs approached was the Municipal Court in Prague. On 15 June 2022, the Municipal Court rendered a judgment in favour of the plaintiffs, declaring that each of the four ministries had unlawfully interfered with the applicants’ right to a favourable environment under of Article 35 of the Charter, on the grounds that they had not undertaken measures for the state to achieve a 55% reduction in greenhouse gas emissions by 2030, compared to 1990 levels. It held that the claims against the cabinet as inadmissible as it did not constitute an ‘administrative authority’ against whom claims of unlawful interference could be brought under the Czech Code of Administrative Justice. 

Both the parties appealed against this judgment. The defendant ministries (appellants) argued that the Municipal Court exceeded its competence in breach of the separation of powers doctrine and interpreted EU and international law incorrectly. The plaintiffs (cross-appellants) argued that the Municipal Court erred in declining the cabinet’s capacity to be sued and ought to have prescribed a more ambitious mitigation target than the 55% target for the Czech government to achieve. On 20 February 2023, the Supreme Administrative Court (SAC) overruled the Municipal Court’s decision on account of the separation of powers doctrine and found that it incorrectly interpreted the EU climate target (entailing 55% emission reduction by 2030) as EU law does not prescribe a specific mandatory emissions reduction target for the Czech Republic alone. Since this was a cassation appeal, the SAC remanded the case to the Municipal Court. Following a remand and a subsequent dismissal by the Municipal Court, the plaintiffs’ final appeal to the SAC was unsuccessful.

Claims

The plaintiffs thus filed a complaint before the Constitutional Court of the Czech Republic, seeking an annulment of the SAC and Municipal Court decisions on account of violations of their rights under Articles 6, 10, 11, 26, 31, 35 and 36 of the Charter and Articles 2, 6 and 8 of the ECHR. 

In support of their arguments, the plaintiffs relied on climate jurisprudence from the Netherlands, France, Germany, Ireland, Nepal, Colombia, and most importantly, the Grand Chamber of the European Court of Human Rights, which emphasize the judiciary’s role in reviewing the state’s mitigation policy based on human rights law. They also placed heavy reliance on the interpretation of Article 8 of the ECHR laid down in the case of Verein KlimaSeniorinnen and Others v. Switzerland to challenge the lack of a national carbon budget for the Czech Republic, a climate neutrality target, and binding intermediate emission reduction targets. Furthermore, they problematized the SAC’s use of European Climate Law (which provides for a framework for emissions reduction targets to be achieved by EU member states collectively) as a shield against the plaintiffs’ human rights claims against the Czech Republic. 

Judgment

On 22 October 2025, the Constitutional Court issued its ruling wherein it dismissed the plaintiffs’ requests by emphasizing on the form of action they used to bring the claim before the Municipal Court (and SAC). Under the Code of Administrative Justice, the administrative authorities in question could only be regarded as having produced an unlawful interference by failing to implement their statutory duties. The Court found the plaintiffs had not proven how the ministries could adopt the requested measures within their existing legal authorizations. It also held that neither the Constitution nor the ECHR specifically obligate the four named ministries to adopt the measures requested by the applicants. 

Regarding the KlimaSeniorinnen judgment, the Constitutional Court held that while the ECtHR is an international court which assesses the actions of the state as a whole, its own role was limited to examining the conduct of the named defendant ministries. Finally, it held that the administrative courts did not violate the plaintiffs’ right of access to the court (Article 36 of the Charter, and Article 6 of the ECHR) as it found the courts to have examined each of their submissions and ruled on the entire subject matter of the proceedings. 

Status: 

The Constitutional Court ruling is final and cannot be appealed.

On 2 February 2026, the NGO Klimatická žaloba ČR submitted an application to the ECtHR alleging violations of Articles 8, 6 and 13 of the ECHR. 

Links:

The ruling of the Constitutional Court of the Czech Republic can be found here.

The Municipal Court of Prague Judgment from 15 June 2022 (finding in favour of the plaintiffs) can be found here (Czech) and here (unofficial English translation). 

The decision of the Supreme Administrative Court of the Czech Republic (SAC), annulling the Municipal Court of Prague Judgment from 15 June 2022, dated 20 February 2023 can be found here (Czech).

The Municipal Court of Prague Judgment from 25 October 2023 (upon remand of the case from the SAC) can be found here.

The second decision of the SAC dated 26 November 2024 (dismissing the plaintiffs’ appeal) can be found here.

All other case related documents can be found on the website of the NGO Klimatická žaloba. 

Suggested citation: 

Constitutional Court of the Czech Republic, Klimatická žaloba ČR, z.s. and Others v. Ministry of the Environment, Ministry of Industry and Trade, Ministry of Agriculture, and Ministry of Transport, Czech Republic, Pl. ÚS 6/25, 22 October 2025, Judge Veronika Křesťanová (judge rapporteur).

Last updated:
12 March 2026.

Categories
2021 Access to a remedy Children and young people EU/European Court of Justice Non-discrimination Private and family life Right to life Victim status

Armando Carvalho and Others v. Parliament 

Summary:
This case, also known as ‘The People’s Climate Case’, was brought by families from different Member States of the European Union. The families, who are active in the agricultural or tourism sectors, brought the case to the General Court of the European Union together with a Swedish association representing young indigenous people. They claimed that the measures to reduce greenhouse gas emissions that had been laid down by a legislative package from 2018 were not far-reaching enough. They demanded stricter measures: the aim should be to reduce greenhouse gas emissions by at least 50 – 60% by 2030, when compared to 1990 levels. In doing so, the applicants argued that an insufficient reduction in greenhouse gas emissions infringed their fundamental rights as enshrined in the Charter of Fundamental Rights of the European Union, namely the right to life (Article 2), the right to the integrity of the person (Article 3), the rights of the child (Article 24), the right to engage in work and to pursue a freely chosen or accepted occupation (Article 15), the freedom to conduct a business (Article 16), the right to property (Article 17) and the right to equal treatment (Articles 20 and 21).

The General Court declared the action inadmissible because the claimants had no locus standi. The claimants appealed to the Court of Justice. They claimed that the Court should set aside the order under appeal, declare the actions at first instance admissible, and refer the case back to the General Court. The Court of Justice dismissed the appeal. The Court held that the claim that an act of the EU infringes fundamental rights is not sufficient to establish admissibility of an action brought by an individual.

Deciding body:
European Court of Justice (European Union)

Date of resolution:
25 March 2021

Admissibility:
The General Court declared the action inadmissible because the claimants did not satisfy any of the locus standi criteria under its strict ‘Plaumann’ test. The Court held that the claimants were not individually concerned, because they were not the addressees of the acts at issue. The Court of Justice dismissed the appeal, and emphasized that the mere fact of alleging that a legal act of the Union infringes fundamental rights does not mean that an individual’s action is admissible; otherwise the meaning of the admissibility requirements laid down in the TFEU would be meaningless. According to the case-law of the Court of Justice, the European Union courts cannot, without exceeding their powers, deviate from the express provisions of the TFEU, this also applies to the fundamental right to effective judicial protection enshrined in the Charter of Fundamental Rights of the European Union

Full text
The full text of the decision is available here.

Further developments:
EU Regulation 1367/2006/EU, the ‘Aarhus Regulation’, was amended on 6 October 2021. This decision expanded NGO’s abilities to challenge administrative acts contravening environmental law. For an analysis of ensuing developments by Juliette Delarue, see here.

Additional reading:
On the 2019 decision on the case by the General Court, see Gerd Winter, ‘Armando Carvalho and Others v. EU: Invoking Human Rights and the Paris Agreement for Better Climate Protection Legislation’ 9(1) Transnational Environmental Law (2020), 137-164, available here.

Suggested case citation:
ECJ, Armando Carvalho and Others v. The European Parliament and the Council, no. C-565/19 P, Judgment of 25 March 2021.

Last updated:
26 August 2023


Categories
2021 Children and young people Domestic court Emissions reductions/mitigation Germany Paris Agreement

Bundesverfassungsgericht, Order of 24 March 2021 (Neubauer v. Germany)

Summary:
On 21 April 2019, the German Federal Constitutional Court (‘Bundesverfassungsgericht’) issued a historic judgment quashing parts of the German Climate Protection Act. The judgment considered that the existing measures for climate protection impermissibly deferred the emissions reductions necessary for meeting Paris Agreement goals into the future, i.e. post-2031, thereby shifting the responsibility for reductions onto future generations, who would have to accept dramatic limitations on their freedoms as a result.

Admissibility:
–

Merits:
In its judgment, First Senate of the German Federal Constitutional Court held that the parts of the German Federal Climate Change Act of 12 December 2019 (Bundes-Klimaschutzgesetz – KSG) governing national climate targets and the emissions allowed annually until 2030 were incompatible with fundamental rights. This finding was based on the absence of specified emission reductions after 2030. The Court emphasized the principle of inter-generational justice stemming from Art. 20a of the German Basic Law.

The KSG creates an obligation to reduce greenhouse gas emissions by at least 55% by 2030 relative to 1990 levels. The Bundesverfassungsgericht held that the legislator had not violated its constitutional duty to protect the complainants from the risks of climate change or to take climate action (as required by Article 20a of the German Basic Law) by passing the KSG into law. However, it found that the provisions in questions irreversibly offloaded emission reduction burdens into the future, namely the time period after post-2030. The Bundesverfassungsgericht drew on the constitutional climate goal arising from Article 20a of the German Basic Law, which requires — in line with the targets set out in the Paris Agreement — that increases in the global average temperature should be limited to well below 2°C, and preferably to 1.5°C above pre-industrial levels. The Court found that the statutory provisions in the KSG on reducing greenhouse gas emissions from 2031 onwards were insufficient, meaning that a great burden would be placed on the enjoyment of fundamental freedoms by future generations. This violated the constitutional rights of the applicants, in the sense of their fundamental freedoms (including, among others, Art. 2(1) GG) in the sense of an advance interference-like effect (eingriffsähnliche Vorwirkung).

In all other respects, the constitutional complaints were rejected. This includes the rejection of complaints about current-day interferences with the rights to life and physical integrity, and complaints by applicants from Bangladesh and Nepal.

Remedies:
The court ordered the legislator to enact provisions specifying the adjustment of reduction targets for greenhouse gas emissions for periods after 2030 in greater detail by 31 December 2022 that.

Separate opinions:
None

Implementation measures taken:
TBD

Date:
24 March 2021

Type of Forum:
Domestic

Status of case:
Final

Suggested case citation:
German Bundesverfassungsgericht, Judgment of the First Senate of 24 March 2021 – 1 BvR 2656/18 -, N. 1-270, http://www.bverfg.de/e/rs20210324_1bvr265618.html.

Links:
Judgment in German

Summary in English

Categories
2021 Business responsibility / corporate cases Domestic court Extraterritorial obligations Standing/admissibility The United Kingdom

Okpabi and Others v. Royal Dutch Shell and Others

Summary:
In October and December 2015, the Ogale and Bille Nigerian communities filed parallel complaints against the UK company Royal Dutch Shell plc (Shell) and its Nigerian subsidiary Shell Petroleum Development Company (SPDC) in the UK High Court. The claimants sought a remedy for the extensive oil pollution caused by Shell arguing that it had affected their livelihoods and the environment. They claimed that Shell had failed to prevent oil spills and did not conduct proper clean-up. The plaintiffs argued that Shell had not seriously prevented contamination of agricultural land and waterways. They argued that Shell, as the parent company, owed them duty of care because it exercised significant control over the material aspects of SPDC’s operations and was responsible for them.

In January 2017, the High Court held that the claimants could not sue Shell in English Courts. The Court held that there was not sufficient evidence that Shell exercised a high degree of oversight, control or direction over SPDC. It therefore had no legal responsibility as a parent company for pollution by its Nigerian subsidiary. The Court of Appeal upheld the High Court’s decision in February 2018. The Court held that the parent company did not hold a duty of care towards the affected communities. In May 2020 the plaintiffs filed an appeal with the UK Supreme Court, arguing that the parent company Shell owed them a common law duty of care in respect to the extensive environmental harmed caused by their business operations in Nigeria. On 12 February 2021, the Supreme Court allowed the appeal and ruled that the case could proceed in the UK Courts. The decision determined that there is an arguable case that Shell is legally responsible for the pollution caused by the activities of its subsidiary to the Ogale and Bille communities.

Date of decision:
12 February 2021

Admissibility:
The UK Supreme Court ruled that UK courts have jurisdiction over the case, due to the fact that the parent company may owe the plaintiffs a duty of care and therefore the action against Shell constitutes a triable issue.

Merits:
TBD

Remedies:
TDB

Suggested citation:
UK Supreme Court, Okpabi and Others v. Royal Dutch Shell and Others, UKSC 2018/0068, Judgment of 12 February 2021, [2021] UKSC 3.

See also:
The similar (on the facts) case of Milieudefensie and Others v. Royal Dutch Shell PLC (before the Dutch courts).

For the full judgment, click here.

To watch a webcast of the hearing, click here.