THE URGENDA CLIMATE CASE AGAINST THE DUTCH GOVERNMENT

History is written. On 20 December 2019 the Dutch Surpreme Court states that the Dutch government must reduce emissions immediately in line with its human rights obligations. A historic victory for climate justice.

Landmark decision by Dutch Supreme Court

On 20 December 2019,  the Dutch Supreme Court, the highest court in the Netherlands, upheld the previous decisions in the Urgenda Climate Case, finding that the Dutch government has obligations to urgently and significantly reduce emissions in line with its human rights obligations. A truly historic outcome!

An English translation of the judgement is available here.

The Urgenda Climate Case against the Dutch Government was the first in the world in which citizens established that their government has a legal duty to prevent dangerous climate change. On 24 June 2015, the District Court of The Hague ruled the government must cut its greenhouse gas emissions by at least 25% by the end of 2020 (compared to 1990 levels). The ruling required the government to immediately take more effective action on climate change.

The District Court’s decision was appealed by the State and upheld by the Court of Appeal on 9 October 2018. Following this judgment, the State appealed to the Supreme Court. The Supreme Court ruled in favour of Urgenda on 20 December 2019. Read Urgenda’s press release here, the press release of the Supreme Court here and an explanation of the case by the press Justice to the Supreme Court here.

In a reflection of the international significance of the case, the UN High Commissioner for Human Rights has also published a news release about the decision in which she notes that “the decision confirms that the Government of the Netherlands and, by implication, other governments have binding legal obligations, based on international human rights law, to undertake strong reductions in emissions of greenhouse gases.”

For more information on the case click here.

The Urgenda Climate Case against the Dutch Government was the first in the world in which citizens established that their government has a legal duty to prevent dangerous climate change. On 24 June 2015, the District Court of The Hague ruled the government must cut its greenhouse gas emissions by at least 25% by the end of 2020 (compared to 1990 levels). The ruling required the government to immediately take more effective action on climate change.

The Climate Case, which was brought on behalf of 886 Dutch citizens, made climate change a major political and social issue in the Netherlands and transformed domestic climate change policy. It inspired climate change cases in Belgium, Canada, Colombia, Ireland, Germany, France, New Zealand, Norway, the UK, Switzerland and against the EU. For more information on climate cases around the world click here.

Following the ground-breaking judgment of the District Court on 24 June 2015, the Dutch Government decided to appeal the case in September 2015, despite calls from leading scientists, lawyers, citizens, companies and the 886 co-plaintiffs for it to accept the decision. The Government decided to appeal even though it committed to taking steps to meet the target set by the Court.

The appeal was heard at the Hague Court of Appeal on 28 May 2018. On 9 October 2018, the Hague Court of Appeal decided to uphold the 2015 court decision. In other words, Urgenda won again.

On 8 January 2019 the government filled its grounds of appeal to the Supreme Court. Urgenda filed its written defence to the Supreme Court on 12 April 2019 and a subsequent rejoinder on 21 June 2019.  English translations of those documents can be found here. The case was heard at the Supreme Court on 24 May 2019.

13 September 2019 –  The Procurator General advises the Supreme Court to uphold the judgment

On 13 September 2019 the Procurator General and Advocate General to the Supreme Court published an opinion advising the Supreme Court to uphold the judgement of the Court of Appeal.  The press release of the Supreme Court regarding the opinion can be found here and an English translation of the opinion here. And an analysis of the Advisory Opinion can be found here.

20 December 2019 – The Supreme Court upholds the judgement of the Court of Appeal

On 20 December 2019 the Supreme Court, the highest court in the country, upholds the judgement of the Court of Appeal, confirming the order that the Netherlands need to reduce its emissions by a minimum of 25% before 2020 compared to 1990 levels. An English translation of the judgement is available here.

20 December 2019 – Final judgment Supreme Court

13 September 2019 – Supreme Court advised to uphold the Urgenda judgement

24 May 2019 – Hearing before the Supreme Court

12 April 2019 – Urgenda submits its written defence in the appeal before the Supreme Court

9 January 2019 – Dutch government submits its grounds of appeal

16 November 2018 - Dutch government fights obligations to act on climate change

9 October 2018 - Urgenda wins appeal in historic climate case

9 October 2018 – Judgement in the Appeal of the State.

18 April 2017 - The Notice on Appeal from Urgenda, court date is set on May 28th 2018

29 September 2015 - Despite pressure from parliament, the Dutch government refuses to pull appeal in landmark climate case

1 September 2015 - Dutch government to appeal in groundbreaking climate case

24 June 2015 - Urgenda wins the case for better Dutch climate policies

Further reading

54 Climate Solutions

Een pakket kleine maatregelen als handreiking aan het kabinet, dat is het idee achter het 40 puntenplan. Met als doel het gat te dichten van CO2-uitstoot in 2020.

Global Climate Litigation

Since the Dutch case, climate change cases have been filed all over the world, demonstrating the power of holding governments accountable in court. Read more about recently filed climate cases here.

Climate Case Explained

Want to learn more about the Urgenda Climate Case? Find more detail, including English translations of relevant legal documents, here.

VIDEOS

There was enormous support from the public for the court case. Hundreds of people came to The Hague to listen to the hearing and many more watched via livestream. When the judges read aloud the verdict, the audience erupted in joy and more than a few tears were shed. We managed to catch some of this elation in the video below, and have also provided English subtitles for the full reading of the 2018 judgment.

Also: check out our dedicated YouTube playlist ‘Climate case – English videos‘.

Compilation (English subtitles available)

In addition, you can see the full version of the judge reading out the judgement below (in Dutch with English subtitles).

The day of the hearing, 14 April 2015, was also an exciting day. The video below gives a short overview of the arguments presented in court and the widespread (international) media coverage. In addition, while everyone else was at the court house, a ten year old reporter went to hear what members of parlement had to say about it.

PHOTOS

credit Urgenda / Chantal Bekker