The journey of Klimaatzaak

Current situation

We have won at every stage of the proceedings. 

• In 2021, the Court of First Instance ruled that the Belgian authorities had violated their duty of care by failing to adequately protect citizens their from climate hazards.
• Because the judge did not impose any concrete measures, we appealed against our own victory.
• Successfully: in 2023, the Court of Appeal imposed a binding reduction target of -55% by 2030.
• The Flemish government lodged an appeal in the Court of Cassation (the Belgian Supreme Court) in 2024. 

We are now preparing to defend our case before the Court of Cassation and enforce implementation of the previous judgement through legal means, including penalty payments. All steps in the procedure can be found in this timeline, including the court rulings.

• 2024

• 18 April 2024

  Flanders lodges cassation appeal

  The Flemish government is the only government to lodge an appeal in cassation. The federal and Brussels governments are seizing this ruling to change course, following all scientific insights to make our country future-proof. 

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• 2023

• 30 November 2023

  Appeal decision

  Climate case wins on appeal too! The Court of Appeal rules that the negligent climate policy of the federal state and the Brussels and Flemish regions constitutes a violation of human rights and the duty of care. As a remedy, a court order was imposed to achieve a minimum 55% greenhouse gas emission reduction by 2030.

  Read the full judgement, in the original French version, or the machinetranslated English version.

• 14 September 2023

  Oral pleadings in appeal

  From 14 September to 6 October 2023, our appeal case was pleaded. Unfortunately, the reports of those hearings do not exist in English, but can be found in the French and Dutch versions of our website. After four intense weeks, it is now up to the judges to deliver a verdict. We expect the verdict on 30 November at the earliest. As soon as we know more, we will inform you via our newsletter. You can still subscribe to the newsletter at the bottom of the homepage in Dutch and French.

• 30 June 2023

  Climate case receives the regions' summary appeal conclusions

  With these summary conclusions, the regions are responding to our final conclusions on appeal, taking into account the arguments of the federal government filed earlier. We can share with you the conclusions of the Brussels-Capital and Walloon regions; the Flemish minister unfortunately maintains the objection to the publication of her arguments.

• 31 March 2023

  Climate Case receives the summary conclusions on appeal from the federal government

  With these summary conclusions, the federal government responds to our final conclusions on appeal. Unfortunately, the federal minister objected to the publication of her arguments, so we cannot share them with you.

• 31 March 2023

  Submission of summary conclusions Climate case on appeal

  These conclusions are - in writing at least - the culmination of many years of litigation. In them you will find all our arguments for our governments to do their part in this global fight against the climate crisis. From mid-September, we will also convince the judges of this orally. Keep following us!

  We share the original French-language version and the machine-translated English-language version.

• 30 January 2023

  Climate case receives the regions' supplementary appeal conclusions

  With these supplementary conclusions, the regions are responding to our main conclusions on appeal, taking into account the arguments of the federal government filed earlier. We can share with you the conclusions of the Brussels-Capital and Walloon regions; the Flemish minister unfortunately maintains the objection to the publication of her arguments.

• 2022

• 30 December 2022

  Climate Case receives Federal Government's supplementary appeal briefs

  With these supplementary conclusions, the federal government responds to our main conclusions on appeal. Unfortunately, the federal minister objected to the publication of her arguments, so we cannot share them with you.

• 30 September 2022

  Filing conclusions Climate case on appeal

  Our main conclusions contain the main arguments by which we intend to convince the judges of the Court of Appeal to grant our demands. This would entail imposing on our governments a mandatory pathway of reducing greenhouse gas emissions by which our country would assume its minimum share of responsibility to prevent dangerous global warming. We share the original French version and the machine-translated English version.

• 30 June 2022

  Climate Case receives the main conclusions on appeal from the regions

  With these main conclusions, the regions respond to our appeal petition, taking into account the previously presented arguments of the federal government. We can share the conclusions of the Brussels and Walloon Regions with you; unfortunately, the Flemish Minister maintains her objection to the publication of her arguments.

• 30 May 2022

  Climate Case receives the main conclusions on appeal from the federal government

  With these main conclusions, the federal government responds to our appeal petition. Unfortunately, the Federal Minister has objected to the publication of her arguments, so we cannot share them with you.

• 05 April 2022

  Belgian State has to answer for its climate policy in court again sooner than expected

  The Brussels Court of Appeal has decided to give priority to the Climate Case. After a written conclusion round that will take sixteen months, the Climate Case will be heard from 14 September to 6 October 2023. This is significantly faster than the average processing times of the Court. Klimaatzaak sees this as a sign that the judges in Brussels are aware of the urgency of this case. No less than twelve pleading sessions will be devoted to the case.

• 2021

• 17 November 2021

  Climate case proceeds to appeal

  In the months following the verdict, there was no indication that our authorities are taking the verdict seriously. In the meantime, our country has known 41 climate deaths and scientists predict that the suffering will only increase, also in Belgium. Climate Case is therefore appealing, to protect the human rights of the 58,000 co-plaintiffs of Climate Case and all other citizens of this country. We go to court again, asking for binding emission reduction targets to be imposed on governments, obliging them to do their part to prevent dangerous global warming.

  Read our original petition in French here, or the (unofficial) translation in English here.

• 17 June 2021

  Verdict

  Judge agrees with Climate Case, but does not impose concrete targets

  The Court of First Instance of Brussels has collectively condemned the Belgian authorities for their negligent climate policy. The judges ruled that the Belgian climate policy is so substandard that it violates the legal duty of care and human rights.

  Read the original verdict in French >

  Read the machinetranslated verdict in English >

• 16 March 2021

  Nine days of pleadings in front of the Brussels Court of First Instance

• 14 March 2021

  All of Belgium Lawyer for the Climate

  Belgium is filled with Climate Case sympathisers. In more than 100 municipalities and cities across the country, an estimated 7,000 'climate advocates' took to the streets to show their support for our cause. It resulted in beautiful images from all over the country. Watch the compilation video >

• 2020

• 04 September 2020

  Setting of pleading dates

  The long-awaited plea dates have finally been set. The climate case will be heard in court from 16 to 26 March 2021. Time for action!

• 16 March 2020

  Climate case receives main conclusions from governments

  They are anything but reassuring. Click here for our reaction to the synthesis conclusions (in French).

  The submission of the final conclusions of the authorities was the final step in the written phase of the court case. This will be followed by oral pleadings, which will take place in the French-speaking court of first instance in Brussels.

  We can share with you the final conclusions of the Brussels-Capital and Walloon Regions. Unfortunately, the federal and Flemish ministers maintain their objection to the publication of their arguments.
   

• 2019

• 16 December 2019

  Climate case lays down its final conclusions

  In our final synthesis conclusions, we argue that the inadequate climate policy pursued by the Belgian authorities constitutes a violation both of the standard of care and of human and children's rights. A warming of more than 1.5°C is dangerous, which is precisely why the international community and Belgium have decided that we must stay below that level. But the Belgian authorities fall short in this respect. What's more, our climate policy threatens to sink further and further into the rearguard internationally.

  Our summary conclusions only exist in Dutch and French, but we have provided an English summary of our main arguments.

• 01 October 2019

  Climate case receives additional conclusions from governments

  With their additional conclusions, the governments respond to our main conclusions laid down in June. We can share with you the additional conclusions of the Brussels-Capital and Walloon Regions. Unfortunately, the federal and Flemish ministers maintain their objection to the publication of their arguments.

• 28 June 2019

  Filing of main conclusions Climate case

  Our principle argument is that we want the competent authorities to be condemned for failing to act on climate policy. In our main conclusions, we are demanding a reduction in greenhouse gas emissions on Belgian territory of at least 42 to 48% in 2025 and at least 55 to 65% in 2030, each time compared to the base year of 1990. In 2050, we must continue to move towards zero net emissions. Indeed, science agrees that these reduction percentages are necessary to prevent dangerous global warming of +1.5°C. Given the importance and urgency of the matter at hand, we are asking for a penalty payment of EUR 1 million for every month of delay in enforcing the judgment.

• 03 May 2019

  Request for voluntary intervention protected trees

  On the initiative of the movement for social-ecological change Aardewerk, the counsellors Hendrik Schoukens and Gwijde Vermeire submitted a request for voluntary intervention in the name of 82 protected trees, in which they joined the demand of Climate Case. The intervention advocated legal standing for nature. This too is a scoop in Belgium.
   

• 02 January 2019

  Climate case receives main conclusions from governments

  The main conclusions are the first and most important response of governments to our summons. The discussion will now build on this. In their conclusions, the authorities try to refute the inadequacy of the Belgian climate policy. We will argue that, among other things, science contradicts this.

  We can share with you the main conclusions of the Brussels-Capital and Walloon Regions. Unfortunately, the federal and Flemish ministers objected to the publication of their arguments.

• 2018

• 20 April 2018

  Court of Cassation rejects Joke Schauvliege’s appeal

  The Court of Cassation rejects the appeal by Joke Schauvliege and thereby confirms the judgement of the district court of 8 February 2016. The language issue is now definitely resolved and we can begin the proceedings that ultimately affect us all: the actual Climate Case.

• 02 March 2018

  Cassation judgement postponed again

  The judgement is again postponed at the hearing, until 20 April. The court has therefore taken almost eight months longer than average to reach a decision. In April 2018, it will be two years since Joke Schauvliege lodged her appeal.

• 12 January 2018

  Court of Cassation postpones verdict

  The Court of Cassation, which previously announced it would rule on Climate Case, unexpectedly postpones its verdict until 2 March.
   

• 2016

• 26 April 2016

  Joke Schauvliege lodges an appeal

  Flemish minister Joke Schauvliege tells the Environmental Commission that she will be appealing. She wants to overturn the district court’s decision via the Court of Cassation.

• 08 February 2016

  Confirmation of original judgement

  The district court upholds the original judgement and the language of proceedings will remain French. Moreover, it will be heard as a single case.
   

• 2015

• 23 October 2015

  Flemish Region appeals to district court

  The Flemish Region doesn’t accept the decision and appeals it in the district court, a court of law with Dutch- and French-speaking judges. They consider whether the language law was violated by the French-speaking judge in the court of first instance in Brussels.
   

• 25 September 2015

  Language change not granted

  The French-language court of first instance denies the Flemish Region’s request.
   

• 11 June 2015

  Flemish Region requests language change

  During the introductory hearing, the Flemish Region requests the language of proceedings to be changed to Dutch. If that is not possible, the region wants proceedings to be divided. That would entail two separate proceedings: one in Dutch and one in French. Besides doubling the cost, there would also be a considerable risk of two different judgements being handed down.

  
   

• 02 June 2015

  The legal proceedings begin

  The subpoena is served on the four responsible ministers. This represents the start of legal proceedings. The competent court is the French-language court of first instance in Brussels. As one of the defendants – the Walloon Region – is based outside Brussels, the language laws mean the case must also be heard in French.

• 27 April 2015

  Climate Case subpoenas the four Belgian governments

  Climate Case summons the governments to appear in court.
   

• 01 March 2015

  Consensus with ministers seems impossible

  Climate Case is invited by federal minister Marie-Christine Marghem to sit round the table with the four relevant ministers. It seems impossible to reach a consensus.
   

• 2014

• 01 December 2014

  Climate Case sends formal notice to the four Belgian authorities

  Non-profit Climate Case formally declares the four responsible governments (the regions and the federal state) to be in breach of their climate obligations. Climate Case calls on the governments to fulfill their responsibilities – to reduce Belgium’s  greenhouse gas emissions by 40% by 2020 compared to 1990 levels.