In the Dutch Urgenda case, the ENGO Urgenda brought a lawsuit against the Dutch state with the aim of ordering the government to adopt the necessary policies in order to achieve a national reduction in greenhouse gases of at least 25% by 2020, compared to the 1990 baseline year.

Urgenda relied on a provision in S. 162 of the Dutch Civil Code, which stipulates that a person who commits a tort towards another must repair the damage which the other person suffers as a consequence thereof. This provision has been interpreted by Dutch courts to establish an unwritten duty of care of the State.

Urgenda argued – successfully – that this duty of care must be interpreted in light of the rights and duties under the European Convention on Human Rights (ECHR). Climate change is threatening to violate Dutch citizens’ right to life under Art. 2 ECHR as well as their right to respect for private and family life, home and correspondence under Art. 8 ECHR.

The Hague District Court, and on appeal the Hague Court of Appeal, as well as the Supreme Court of the Netherlands, all found that the Dutch state is under a duty to do its fair share to protect its citizens’ rights from the consequences of climate change. This requires the Dutch State to contribute a greenhouse gas emissions reduction of at least 25% by 2020.

In this case, the Hague District Court found that Royal Dutch Shell plc. was in violation of the standard of care under Dutch law and ordered the company to reduce its greenhouse gas emissions by 45% by 2030, relative to 2019’s levels.