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Hungarian Yearbook of International Law and European Law
Article

The Case Between Urgenda and the State of the Netherlands
Keywords climate change, public interest litigation, human rights, ECHR, Netherlands
Authors Otto Spijkers
DOI 10.5553/HYIEL/266627012020008001012
Author's information

Otto Spijkers
Otto Spijkers: professor of law, China Institute of Boundary and Ocean Studies (CIBOS) of Wuhan University.

  • Abstract

      The Supreme Court of the Netherlands held that the Netherlands’ Government must ensure that, by the end of 2020, greenhouse gas emission levels from the Netherlands are at least a quarter below 1990 levels, otherwise the rights to life and wellbeing, as guaranteed under Articles 2 and 8 ECHR respectively, of the people in the Netherlands are breached. In doing so, the Supreme Court affirmed the reasoning and ruling of the Appeals Court, and distanced itself from the reasoning of the District Court, which was primarily based on domestic tort law.

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