Gerechtshof Den Haag, 12-11-2024, ECLI:NL:GHDHA:2024:2100, 200.302.332/01 (Engelse vertaling)
Gerechtshof Den Haag, 12-11-2024, ECLI:NL:GHDHA:2024:2100, 200.302.332/01 (Engelse vertaling)
Gegevens
- Instantie
- Gerechtshof Den Haag
- Datum uitspraak
- 12 november 2024
- Datum publicatie
- 12 november 2024
- ECLI
- ECLI:NL:GHDHA:2024:2100
- Formele relaties
- Eerste aanleg: ECLI:NL:RBDHA:2021:5339, (Gedeeltelijke) vernietiging en zelf afgedaan
- Zaaknummer
- 200.302.332/01 (Engelse vertaling)
Inhoudsindicatie
Disclaimer: The translation of this judgment on appeal is solely intended to provide information. The text of the translation is an unofficial translation. Liability cannot be claimed for possible errors and/or omissions in this translation. The Dutch text of the judgment is the only authentic and formal text (ECLI-number: ECLI:NL:GHDHA:2024:2099)
Uitspraak
Civil law division
Case number Court of Appeal : 200.302.332/01
Case number District Court : C/09/571932 / HA ZA 19-379
Judgment of 12 November 2024
in the case of
Shell Plc,
established in London, United Kingdom,
appellant,
attorney-at-law: mr. D.F. Lunsingh Scheurleer, with an office in Amsterdam,
and
Stichting Milieu en Mens,
established in Amsterdam,
joint party on the side of Shell,
attorney-at-law: mr. D.J.B. Bosscher, with an office in Halfweg,
versus
1 Vereniging Milieudefensie,
established in Amsterdam,
2. Stichting Greenpeace Nederland,
established in Amsterdam,
3. Landelijke Vereniging tot Behoud van de Waddenzee,
established in Harlingen,
4. Stichting ter bevordering van de Fossielvrij-beweging,
established in Amsterdam,
5. Stichting Both ENDS,
established in Amsterdam,
6. Vereniging Jongeren Milieu Actiefdissolved as of 1 September 2022),
established in Amsterdam,
the respondents,
attorney-at-law: mr. R.H.J. Cox, with an office in Maastricht.
Hereinafter the court refers to the parties as Shell, M&M and Milieudefensie et al.
1 Brief overview of the case
This case revolves around the question whether Shell has the obligation to reduce its CO2 emissions by 45% by 2030 relative to 2019 levels. Milieudefensie et al. have sought a court order to this effect on the basis that Shell acts unlawfully if it fails to reduce its emissions by 45%. In this judgment it is determined on the basis of objective factors that Shell has an obligation to counter dangerous climate change. However, this does not mean that the civil court is able to establish that Shell should reduce its CO2 emissions by 45%, or any other percentage.
2 Course of the proceedings on appeal
The course of the proceedings on appeal is evidenced by the following documents:
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the summons of 24 August 2021 with which Shell brought its appeal against the judgment given between the parties by The Hague District Court on 26 May 2021;
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Shell’s statement of appeal with appendices (Exhibits S-1 - 121);
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Milieudefensie et al.’s defence on appeal with appendices (Exhibits MD-340 - 478);
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the judgment of 25 April 2023 in the interim proceedings for the joinder of M&M, with the court documents mentioned in that ruling;
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the records of the oral hearing of 6 June 2023;
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the statement after joinder of M&M;
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the document commenting on the exhibits of Shell of 19 September 2023;
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the document for a change of claim on appeal of Shell of 19 September 2023;
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Milieudefensie et al.’s defence on appeal after joinder with appendices (Exhibits MD-479 - 485);
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the document containing exhibits of Shell of 19 December 2023 with exhibits (Exhibits S-122 - 239);
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the document containing exhibits of Milieudefensie et al. of 19 December 2023 with exhibits (Exhibits MD-486 - 560);
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the reply of Milieudefensie et al. after the change of claim of Shell of 19 December 2023;
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the reply of Milieudefensie et al. in response to the document commenting on the exhibits of Shell of 19 December 2023;
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the document containing exhibits of M&M of 19 December 2023 with exhibits (Exhibits 5 - 31);
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the document containing exhibits of Shell of 5 March 2024 with exhibits (Exhibits S-240 - 285);
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the document containing exhibits of Milieudefensie et al. of 5 March 2024 with exhibits (Exhibits MD-561 - 579);
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the document containing exhibits of M&M of 5 March 2024 with exhibits (Exhibits 32 - 59);
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the pleading notes of Shell of 19 March 2024;
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the document containing exhibits of Shell of 19 March 2024 with exhibits (Exhibits S-286 - 289);
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the pleading notes of Milieudefensie et al. of 19 March 2024;
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the pleading notes of M&M of 19 March 2024;
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the document containing additional exhibits of Milieudefensie et al. of 2 April 2024 with exhibits (Exhibits MD-580 - 581).
Oral hearings were held on 2, 3, 4 and 12 April 2024 where the attorneys clarified the case based on the pleading notes, which were submitted to the court. Attorneys Lunsingh Scheurleer and Drenth spoke on behalf of Shell; attorneys Cox, Reij and Van Diem spoke on behalf of Milieudefensie et al. and attorney Bosscher spoke on behalf of M&M. M&M submitted an additional exhibit (Exhibit 60) on 12 April 2024. Records of the oral hearings were drawn up and sent to the parties.