This case, brought in 2013 by the Urgenda foundation and hundreds of Dutch citizens against the Netherlands, has become the leading climate and human rights judgment, and served as inspiration for similar litigation around the world. The final judgment in this case was issued in 2019, and in this case the domestic courts not only found that the Dutch climate policy had violated Articles 2 and 8 of the European Convention on Human Rights (the rights to life and respect for private and family life, respectively), but also issued an injunction requiring greenhouse gas emissions reductions.
District Court of The Hague had previously ruled that the government was obligated to reduce its greenhouse gas emissions by at least 25% by the end of 2020 in comparison to 1990 levels. The District Court’s decision was appealed by the State. The Court of Appeal upheld the District Court’s decision on 9 October 2018. After the State’s appeal to the Supreme Court, the Supreme court ruled in favour of Urgenda and held that the government has a legal duty to prevent dangerous climate change.
Date of final domestic judgment:
20 December 2019
For the final judgment in Dutch, click here.
For the summary provided by the Supreme Court (English), click here.
Ingrid Leijten, ‘Human Rights v. Insufficient Climate Action: The Urgenda Case’ 37(2) Netherlands Quarterly of Human Rights (2019)
Benoit Mayer, ‘The State of the Netherlands v. Urgenda Foundation: Ruling of the Court of Appeal of The Hague (9 October 2018)’ 8(1) Transnational Environmental Law (2019), 167-192.
Maiko Meguro, ‘State of the Netherlands v. Urgenda Foundation’ 114(4) American Journal of International Law (2020), 729-735.
Dutch Supreme Court (Hoge Raad), Urgenda Foundation v. the Netherlands, Judgment of 20 December 2019, No. 19/00135, ECLI:NL:HR:2019:2006.