Litigants from eight countries claim EU institutions are not protecting fundamental rights
Last modified on Thu 24 May 2018
The claim specifically targets the EU’s emission trading scheme directive, the effort sharing regulation and the land use, land use change and forestry regulation.
The plaintiffs, who are not seeking compensation for their loss, are asking the court to declare the three acts null and void, “since they violate the plaintiff’s rights and are not in line with higher ranking law”.
According to a legal summary of the complaint, to avoid a vacuum, the court will be asked to keep the acts in force until a stronger version of them has been enacted. Lawyers claim there is a case for this in article 263 of the treaty on the functioning of the EU.
In 2015, a court in The Hague ordered the Dutch government to cut its emissions by at least 25% within five years, ruling that its plans to cut emissions by 14-17% compared with 1990 levels by 2020 were unlawful, given the scale of the threat posed by climate change. The government has appealed the decision, which will be heard in The Hague on Monday.
Maurice Feschet, 72, a lavender farmer in Grignan, Provence, told the Guardianhe became involved in the action against the EU after losing 44% of his harvest in six years because of climate change.
He said: “My family has been farming here since the 1800s. I am taking this action for my 38-year-old son who lives on the farm. We want him to continue to be able to farm, but it is not going to be easy. There must be more done.”