Climate Action Network (CAN) Europe and the Global Legal Action Network (GLAN) submit final written arguments in a fast-tracked climate case filed in February this year. The NGOs argue that the European executive sets unlawful annual emissions limits by 2030 for each EU country in the buildings, agriculture, waste, small industry, and transport’ sectors that cover about 57% of the total EU‑27 greenhouse gas emissions.
CHECK OUR MEDIA BRIEFING FOR MORE DETAILS
The NGOs argue that the EU´s overall climate ambition remains alarmingly off-track from the 1.5°C limit of the Paris Agreement. It is also a call on EU decision-makers to accelerate climate action and go beyond the inadequate level of ambition of the Fit for 55 legislative package, thus enabling steep emission reductions in the short term and achieving at least 65% gross emission reductions by 2030.
In the court case, CAN Europe and GLAN argue that the allocations decided are contrary to environmental law and international commitments. This includes the Paris Agreement, the Charter of Fundamental Rights of the European Union, and Article 191 of the Treaty on the Functioning of the European Union.
“The European Court of Human Rights made clear in April that States are obliged to adopt science-based emissions targets consistent with limiting global warming to 1.5°C. We have outlined how the EU’s 2030 targets were not derived from best available climate science, a point which the Commission has not even contested in its defence of our case. Instead, it has tried to have the case struck out on mere technicalities,” said Gerry Liston, Senior Lawyer with GLAN.
The NGOs point to a series of legal flaws in the 2030 target and its accompanying Impact Assessment, from which it then followed that the annual emissions allocations contravene environmental law.
A hearing at the General Court could be held in the second half of 2025 and a judgement released in early 2026. The desired end result would be a ruling that forces the Commission to review and increase the national annual emissions limits.
“We have to use all available channels to push the European Commission to bring the EU’s climate ambition on track with its fair share for the 1.5°C goal of the Paris Agreement. The EU has to ramp up emissions reduction and achieve at least a 65% cut by 2030 if it wants to be a credible actor,” said Sven Harmeling, Head of Climate at CAN Europe.
This case was given priority over other cases by the President of the General Court of the EU, highlighting its urgency and importance. This will result in a ruling being adopted faster than usual.
Notes to editors
NGOs – unlike Member States – do not have direct access to the Court of Justice of the European Union (CJEU). To submit a case like today’s case, they first need to complete an administrative step known as an ‘internal review request’. This first step was done in August 2023. The Commission replied unsatisfactorily in December 2023 (scroll down to point 80 ref. IR/2023/540061. The NGOs decided to challenge the Commission’s reply in front of the EU General Court. Their second round of written arguments were just submitted. The case was introduced in February 2024 against the European Commission’s refusal to review Member States annual emissions allocations until 2030.
The Commission’s Implementing Decision 2023/1319, adopted in June 2023, sets unlawful annual emissions limits for each EU country in the sectors covered by the Effort Sharing Regulation. These sectors cover buildings, agriculture, waste, small industry, and transport and represent about 57% of the total EU‑27 greenhouse gas emissions.
This legal procedure was made possible by the revision of the Aarhus regulation in 2021 that opened the gates to NGOs to challenge the EU’s environmental decisions. The procedure lasts approximately two years.
Media briefing explaining further this legal action.
Cristina Dascalu, Communications, CAN Europe
cristina.dascalu@caneurope.org
