Litigation cases

  • External Contribution to the French Constitutional Council

    Opened in 2019 Last development in October, 2019

    On September 26, 2019, the French Parliament approved a bill related to energy and the climate, which aims to achieve carbon neutrality by 2050. The environmental nongovernmental organization Notre Affaire à Tous (NAAT) filed an external contribution (similar to a friend of the court filing) wit...
  • Commune de Grande-Synthe v. France

    Opened in 2019

    On January 23, 2019, the municipality of Grande-Synthe sued the French government for insufficient action on climate change. The suit was filed in the Conseil d'Etat, the highest administrative court in France. According to an English summary of the case provided by the plaintiffs, the suit alleg...
  • Fédération environnement durable et autres (Schéma régional du climat, de l'air et de l'énergie- Schéma régional éolien)

    Last development in January, 2014

    The Constitutional Council is asked to review the conformity of articles L.222-1 to L.222-3 of the Environmental Code with the Constitution. It decided that article L.222-2 does not comply with the Constitution. The applicants claimed that these dispositions violated the principle of public parti...
  • Decision No. 287110 of February 8, 2007 (French Council of State, 2007)

    Last development in February, 2007

    Companies from the steel industry claimed that decree n°2004-832, which transposes the EU directive of October 13, 2003 establishing a system of exchange of greenhouse gas emission quotas in the European Union, was illegal. The Companies claimed that the directive violated the principle of equal...
  • Re French Carbon Tax: Decision No. 2009-599 DC of December 29, 2009 (French Constitutional Council, 2009)

    Last development in January, 2009

    French Constitutional Council annulled a tax on carbon emissions. The tax was set at 17 Euros per ton of carbon dioxide. The Council ruled that the proposed tax contained too many exemptions and would not have applied to 93% of industrial emissions.
  • Re Emission Quotas: Decision No. 2010-622 DC of December 28, 2010 (French Constitutional Council, 2010)

    Last development in December, 2010

    Article 64 of the finance law of 2011 provides that companies will have to purchase their greenhouse gas emissions quotas for 2011 whereas quotas were distributed free of charge in 2010. Some of the companies have still not received their quotas, even though they carried out activities in 2010,...
  • State v. Delahalle & Goinvic

    Opened in 2019 Last development in September, 2019

    A criminal court in Lyon found that climate activists had stolen portraits of the French President, Emmanuel Macron, out of necessity to call attention to France's failure to meet its climate targets. The defendants were charged with fraudulently removing the portraits from a town hall in Lyon in...
  • IPC Petroleum France SA v. France

    Last development in December, 2019

    On December 18, 2019, the French Administrative Supreme Court upheld a decision to include an expiration date in a fossil fuel mining permit.In early 2018, IPC Petroleum France SA applied for an extension of its existing fossil fuel extraction permit. The extension was granted, but only until Jan...
  • Society for the Protection of Landscapes and Aesthetics of France et al. v. The Mills of Lohan

    Last development in March, 2019

    On March 5, 2019, the Administrative Court of Appeal (ACA) of Nantes in France ruled that greenhouse gas reduction achieved by the development of renewable energy constitutes an imperative public interest justifying an exemption from the prohibition on harming protected species.The case arose out...
  • Friends of the Earth et al. v. Total

    Opened in 2019 Last development in January, 2020

     Six nongovernmental organizations have sued energy company Total over an oil project in Uganda and Tanzania. The plaintiffs allege that Total failed to adequately assess the project's threats to human rights and the environment. Under France's Duty of Vigilance Law, French companies must identif...
  • Notre Affaire à Tous and Others v. France

    Opened in 2018 Last development in June, 2020

    On December 17, 2018, four nonprofits sent a “lettre préalable indemnitaire” (letter of formal notice) to Prime Minister Edouard Philippe and 12 members of the French government, initiating the first stage in a legal proceeding against the French government for inadequate action on climate change...
  • Notre Affaire a Tous and Others v. Total

    Opened in 2019 Last development in February, 2019

    The French NGOs Notre Affaire à Tous, Sherpa, Zea, and Les Eco Maires along with more than a dozen French local governments have taken the first step in a legal proceeding against French oil company and carbon major Total. Provided this action proceeds, it will represent the first French climate ...
from the Grantham Research Institute
from the Grantham Research Institute
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