Belgium's Green Awakening: Brussels Court Sets Precedent In Climate Litigation

On 30 November 2023, the Brussels Court of Appeal issued a landmark judgment, ruling that the Belgian federal state and the Flemish and Brussels regions acted unlawfully by failing to take sufficient climate mitigation action. In particular, it found that these governments violated their duty of care and the rights to life and private life under the European Convention on Human Rights.

Why this proceeding?

The Brussels Court of First Instance had already established in 2021 the abovementioned violations. However, that Court refused in first instance to impose upon the governments specific emissions reduction targets. Notably, it held that the extent and pace of Belgium's reduction in GHG emissions and the Belgian internal distribution of the efforts to be made in this direction were the result of political arbitration in which the judiciary could not interfere.