Milieudefensie v. Shell
A Dutch lawsuit that in 2021 ordered an oil major to cut its emissions by 45%, an order overturned on appeal in 2024 while recognizing a duty to reduce.
Climate litigation against states first targeted their policies; this case moved it to a private company, invoking an unwritten duty of care in Dutch civil law. The question raised is whether a civil court can set a numerical reduction path for a company, including for its customers' emissions. The court of first instance said yes; the court of appeal said that a duty to reduce exists but that a court cannot impose its percentage. For insurers of corporate and directors' liability, the case established that an emitter can be sued on the basis of a general duty, which changes the assessment of climate liability risk. The appeal before the Supreme Court of the Netherlands leaves the question open.
On May 26, 2021, The Hague District Court ordered Royal Dutch Shell to cut its net scope 1 to 3 emissions by 45% by the end of 2030 against 2019. On November 12, 2024, The Hague Court of Appeal annulled that judgment in full, and Milieudefensie announced on February 11, 2025 an appeal to the Supreme Court.
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