Decision expected in the Milieudefensie v. Shell appeal
On November 12 the Court of Appeal will deliver its judgment in the well-known climate case brought by Milieudefensie against oil giant Shell.
In 2021, Milieudefensie won with the court ruling that Shell must reduce its CO₂ emissions by a net 45% compared to its 2019 levels.
In higher appeal, Shell argues that this judgment is unlawful. The company contends that the court’s decision is not the right solution for the green energy transition as (i) it targets a single company, (ii) it focuses solely on the energy supply rather than demand, and (iii) it could be ineffective or even counterproductive in addressing climate change. Shell also argues that it is not the judiciary’s role to make decisions for the energy transition, stating that this responsibility should lie with governments and lawmakers, who have democratic and constitutional legitimacy.
Defendants in climate cases often bring forward these arguments. On November 12 2024, the court will provide further clarity on this matter, which will have a major impact on climate litigation worldwide. Stay tuned for updates on this and other key climate cases!