European Court of Human Rights – Page 2 – Climate and Human Rights Litigation Database

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.

Summary:
This case was filed on 26 March 2021 by The Norwegian Grandparents’ Climate Campaign (or Besteforeldrenes klimaaksjon, see the NGO’s website here, which counted 5600 members at the time and aims to counter anthropogenic climate change) along with four individuals, who were then aged 29, 32, 80, and 9 months. According to the Court’s press release, the case relates to the same domestic proceedings as the subject of Greenpeace Nordic and Others v. Norway (no. 34068/21). Before the Court, the applicants invoke Articles 2, 3, 8, 13 and 14 ECHR and Article 1 of Protocol No. 1 to the Convention (the right to life, the prohibition of torture and inhuman and degrading treatment, the right to respect for private and family life, the right to an effective remedy, the prohibition of discrimination and the right to property). They rights, they argue, have been infringed by the Norwegian authorities’ petroleum activities in the Barents Sea in the Arctic Ocean. They describe, in particular, the disastrous effects of rising temperature levels on Norway, invoking the prevention and precautionary principles, inter-generational equity and Norway’s duty of care.

The applicants argue that there is a “real and imminent threat” facing them as Norwegian oil production contributes to the reaching of tipping points in the global climate system. On the Court’s victim status requirements (standing), they argue that these criteria must be interpreted in harmony with the priniciple of inter-generational equity, and invoke both the Rio Declaration and the Paris Agreement to argue that current generations have a duty to act as stewards of the planet for future generations.

This case has not yet been communicated by the Court at the time of writing. It had been announced, however, that the case has been adjourned pending the outcome of Grand Chamber proceedings in three other climate cases (i.e. KlimaSeniorinnen, Duarte Agostinho, and Carême; see “Status of case” below). More information on the case will be published as it becomes available.

Date filed:
26 March 2021

Status of case:
Adjourned until the Grand Chamber has ruled in the climate change cases pending before it (see the ECtHR’s press release here).

Suggested case citation:
ECtHR, The Norwegian Grandparents’ Climate Campaign and Others v. Norway, application no. 19026/21, filed on 26 March 2021 (not yet communicated).

More information:
For the NGO’s press release on the application (in Norwegian), click here.

For further information on the domestic proceedings, see Greenpeace Nordic and Others v. Norway (no. 34068/21).

For the full standardized application form submitted to the ECtHR, see here.

Last updated:
16 March 2023.