(12 Nov 2024)
RESTRICTION SUMMARY:
AGENCY POOL
The Hague, Netherlands – 12 November 2024
1. Judges entering
2. Lawyers and attendees taking seats
3. Various of president of the Appeals Court Carla Joustra talking
4. SOUNDBITE (Dutch) Carla Joustra, President of the Appeals Court:
“The Appeals Court’s final judgment is that Milieudefensie’s claims cannot be granted. Accordingly, the court has overturned the Lower Court’s judgment."
5. Donald Pols, Friends of the Earth Netherlands (Milieudefensie) Chief Executive, (second left) listening to final judgement
6. Clerk and judge listening
7. SOUNDBITE (Dutch) Carla Joustra, President of the Appeals Court:
“Shell has set a specific reduction target for scope 1 and 2 that means its scope 1 and 2 emissions will be reduced by 50% by 2030 compared to 2016. Furthermore, it follows from the documents provided by Shell that it had already achieved a 31% reduction by 2023. So Shell is already doing what Milieudefensie is claiming from it. Milieudefensie’s claim regarding scope 1 and 2 is therefore not admissible."
8. Joustra talking
9. Shell lawyers and representatives listening and writing
10. SOUNDBITE (Dutch) Carla Joustra, President of the Appeals Court:
“In itself, it can be said that any reduction in greenhouse gas emissions has a positive effect on combating climate change. But that does not mean that a reduction commitment for Shell will have that effect, because such a commitment may not actually lead to a global reduction. Especially not, if Shell can achieve this obligation by selling less fossil fuels from third parties. If Shell limits its resale activities, it is not likely that this will result in fossil fuels no longer reaching the end user. This is because the producer of the fossil fuels can also use an intermediary other than Shell for that purpose. All this leads to the conclusion that Milieudefensie’s claim regarding scope 3 is inadmissible."
11. Judges leaving
12. Pols and President of Milieudefensie Jong Winnie Oussoren hugging following verdict
STORYLINE:
A Dutch appeals court on Tuesday overturned a landmark ruling that ordered energy company Shell to cut its carbon emissions by net 45% by 2030 compared to 2019 levels, while saying that "protection against dangerous climate change is a human right.”
The decision was a defeat for the Dutch arm of Friends of the Earth and other environmental groups, which had hailed the original 2021 ruling as a victory for the climate.
Presiding Judge Carla Joustra said that Shell already has targets for climate-warming carbon emissions that are in line with demands of Friends of the Earth — both for what it directly produces and for emissions produced by energy the company purchase from others.
“Shell has set a specific reduction target for scope 1 and 2 that means its scope 1 and 2 emissions will be reduced by 50% by 2030 compared to 2016. Furthermore, it follows from the documents provided by Shell that it had already achieved a 31% reduction by 2023. So Shell is already doing what Milieudefensie is claiming from it," she said.
In a written summary of the ruling, the court said that Shell has a duty of care to limit its emissions, but it annulled the lower court’s decision.
The ruling upholding Shell’s appeal came as a 12-day U.N. climate conference was entering its second day in Azerbaijan where countries are discussing how to fund cutting planet-warming emissions and adapt to ever-increasing weather extremes.
Tuesday’s civil ruling can be appealed to the Dutch Supreme Court.
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