Victim status – Page 2 – Climate and Human Rights Litigation Database

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.

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