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In 2021, the German Federal Constitutional Court ruled in favor of the petitioners and struck down parts of Germany’s climate law as incompatible with fundamental rights for failing to set sufficient provisions for emissions cuts beyond 2030.
If damage caused by non-compliance with la Loi de Vigilance, any person with legitimate interest can seek reparation under tort law. In 2021, the Hague District Court ordered Shell to reduce both its own carbon emissions and end-use emissions by 45% by 2030 in relation to the 2019 figures. of the decision).
Applicable law is defined based on the Dutch conflict of laws rules on torts, namely art. Also there is a growing body of doctrinal work on human right violations in other countries, corporate social responsibility, due diligence and the intricacies of private international law, as a quick search on the present blog also indicates.
The Court found that despite being aware of the certain risk of dangerous climate change to the country’s population, the authorities failed to take necessary action, meaning that they failed to act with prudence and diligence under Article 1382 of the Civil Code. Górska et al. Poland (Poland District Courts).
Plaintiffs allege that the EU’s existing target to reduce domestic GHG emissions by 40% by 2030, as compared to 1990 levels, is insufficient to avoid dangerous climate change and threatens plaintiffs’ fundamental rights of life, health, occupation, and property. Oral arguments were heard from March 16 to 26, 2021. VZW Klimaatzaak v.
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