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ARTICLE · 28 NOVEMBER 2024

Climate Change: Shell Acquitted, But Emissions Must Be Reduced

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The AIA Court of Appeal decision of 12 November 2024 overturned the District Court's first ruling of 26 May 2021, which had ordered Royal Dutch Shell to reduce carbon dioxide emissions by 45%...

ItalyEnvironment
Matilde Rota
Matilde Rota
Cristina Pagni
Cristina Pagni
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The AIA Court of Appeal decision of 12 November 2024 overturned the District Court's first ruling of 26 May 2021, which had ordered Royal Dutch Shell to reduce carbon dioxide emissions by 45% from both its own business operations and the use of its products (GHG Protocol scope 1 & 2 emissions and scope 3 emissions) by 2030 compared to 2019 emissions.

The ruling is based on non-contractual liability (Art. 162 of Book VI of the Dutch Civil Code) and in particular on a violation of the principle of 'socially correct behaviour', which can be deduced from the principles of international law for the protection of human rights (UNGP, ECHR, ICCPR, as well as the Paris Agreement).

The Court of Appeal partly confirmed the principles already upheld at first instance:

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