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ARTICLE · 10 JANUARY 2025

Case Analysis: Unpacking The Shell Ruling In Appeal

Loyens & Loeff
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Loyens & Loeff

Loyens & Loeff

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In this case analysis, we delve into the recent ruling by the Court of Appeal of The Hague in the case between Milieudefensie et al. and Shell Plc (Shell).

NetherlandsLitigation, Mediation & Arbitration

In this case analysis, we delve into the recent ruling by the Court of Appeal of The Hague in the case between Milieudefensie et al. and Shell Plc (Shell). This case highlights significant considerations regarding climate change accountability and corporate responsibility, setting a precedent for future ESG litigation.

Key insights

Human Rights Impact: The court recognised climate change as a fundamental human rights issue, influencing corporate responsibilities.

Sector-Wide Regulations Needed: The ruling highlighted the added value of sector-specific regulations to ensure consistent accountability among companies.

Complex Causality: Proving causality in climate ESG litigation is challenging due to the multifactorial nature of climate impacts.

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