Notre Affaire à Tous and Others v. France - Other

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Litigation

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press release

Notre Affaire à Tous and Others v. France - press release

complaint

Notre Affaire à Tous and Others v. France - complaint

reply

Notre Affaire à Tous and Others v. France - reply

decision

Notre Affaire à Tous and Others v. France - decision

Filing Year For Action

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. This type of letter is part of a legal proceeding known as “recours en carence fautive” (action for failure to act). The plaintiffs allege that the French government’s failure to implement proper measures to effectively address climate change violated a statutory duty to act. The four plaintiff groups are Fondation pour la Nature et l’Homme (FNH), Greenpeace France, Notre Affaire à Tous and Oxfam France. In their press release, they describe the lawsuit as challenging the state's inaction on climate change and failure to meet its own goals for reducing greenhouse gas emissions, increasing renewable energy, and limiting energy consumption.

On February 15, 2019, the French government rejected the plaintiffs' request. On March 14, 2019, the plaintiffs initiated the lawsuit by filing a "summary request" before the Administrative Court of Paris. The plaintiffs request that the State of France be enjoined to remedy its inadequate action on climate change. Specifically, they request the court to order France to: 

1.	Take proper measures to reduce greenhouse gas emissions in the atmosphere - in due proportion considering global emissions, and taking into account the particular responsibility accepted by developed countries - at a level compatible with the objective to contain the rise of the average temperature of the planet below the threshold of 1.5 °C compared to pre-industrial levels; 
2.	Take, at least, all necessary measures to achieve France's targets for reducing greenhouse gas emissions, developing renewable energies and increasing energy efficiency; 
3.	Take the necessary measures to adapt the national territory to the effects of climate change; 
4.	Take the necessary measures to protect citizens’ lives and health from the risks of climate change. 

They further request compensation for the damages suffered as a result of the State’s failure to tackle climate change to be paid as “the symbolic sum of 1 euro for their moral prejudice.” 
 
According to a translation of the legal request, plaintiffs argue that the government has both general and specific legal duties to act on climate change. Its general duties stem from 1) the French Charter for the Environment (“the Charter”), the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECPHR), and 3) the general principle of law providing the right of every person to live in a preserved climate system. Under the Charter, plaintiffs point to citizens’ constitutional rights to live in a healthy and ecologically balanced environment and argue the government has a duty of care to “take all necessary measures to identify, avoid, reduce and compensate the consequences of climate change.” Like other recent international cases, they point to further obligations of the state to act on climate change to uphold the rights guaranteed under Articles 2 & 8 of the ECPHR, respectively “the right to life” and the “right to respect for private and family life.” They argue that these rights require States “to implement a legislative and regulatory framework and to adopt practical measures meant to fight efficiently against climate change.” 

Plaintiffs further base their claims on a  “general principle of law” providing a right to a “preserved climate system” which they argue stems from national law (such as the preamble of the Charter for the Environment, article L. 110-1 of the French Environment Code, etc.) and international law (the Stockholm Declaration, the World Charter for Nature, the Rio Declaration, the United Nations Framework Convention on Climate Change, the Kyoto protocol, the Paris Agreement, the Climate action and renewable energy package for 2020, the Decision n°406/2009/CE of the European Parliament and of the Council dated 23 April 2009). Plaintiffs additionally argue the State has further “specific” obligations to mitigate greenhouse gas emissions under EU and national law as well as specific obligations to take action to prepare for the impacts of climate change on France.

On June 23, 2020 the government responded. According to the plaintiffs, the government asserted that it was taking action to address greenhouse gas emissions, and that the time has not elapsed for it to meet its 2020 goals. 

The case was heard in court on January 14, 2020. At the hearing the public rapporteur (independant consultant judge who provides an opinion to help guide the court's decision) issued an opinion. According to the plaintiffs, the opinion urged the court to recognize the fault of the French government, to recognize climate change as pure ecological damage, to award damages of one euro for moral prejudice, but to stop short of issuing an injunction because past damage cannot be repaired.

On February 3, 2021, the Administrative Court of Paris issued a decision recognizing that France's inaction has caused ecological damage from climate change and awarded the plaintiffs the requested one euro for moral prejudice caused by this inaction. The Court deferred the decision on whether to issue an injunction to order the French government to take stronger climate measures, and ordered the government to disclose steps it was taking to meet its climate targets within two months. As part of the decision, the Court held that France could be held responsible for failing to meet its own climate and carbon budget goals under EU and national law. But the Court rejected arguments that the government could be forced to meet more specific renewable energy and energy efficiency targets on the grounds that such sectoral measures cannot be independently directly linked to ecological damage. Further, the Court declined to issue compensatory damages for ecological harm, as the Court found that the plaintiffs had not shown that the government will be unable to repair the harm caused. 

On October 14, 2021, the administrative court of Paris ordered the State to take immediate and concrete actions to comply with its commitments on cutting carbon emissions and repair the damages caused by its inaction by December 31, 2022. The court determined that France emitted 62 million extra tonnes of emissions from 2015-2018, though it lowered the amount to 15 million tonnes, taking into account the drop in emissions in 2020. The court thus called on France to subtract the emissions caused in excess of its legislative commitments, adding these to the reduction of emissions planned between 2021 and 2022. France has committed to a reduction in greenhouse gas emissions of 40 percent by 2030, compared to 1990 levels, and to reaching carbon neutrality by 2050. Any future slippage of emissions beyond the legislative commitments must also be compensated. The court rejected a request to have France to pay 78 million euros per semester of delay in meeting the emissions goals, and said it is up to the Prime minister and the government to come up with the measures to fix the problem.

In December 2023, the Administrative Court of Paris ruled that the State had complied with the 2021 judgment because the surplus of greenhouse gas emissions had been compensated, albeit with a one-year delay. 

Therefore, the plaintiff NGOs appealed to the Council of State requesting that it examine the execution of the 2021 ruling in light of these parameters—in line with the renewed condemnation of the State in May 2023 (https://climatecasechart.com/non-us-case/commune-de-grande-synthe-v-france/).

On May 21, 2024, the plaintiff NGOs submitted their brief to the Council of State. The organizations argue that the Administrative Court of Paris neither took the time nor the resources necessary to properly examine the implementation of the 2021 judgment, denying them the right to a fair trial.

Notre Affaire à Tous and Others v. France

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Heavy precipitation refers to any form of weather where substances fall from the sky, including rain, snow, sleet, or hail.

Actions or measures to adapt terrestrial systems to climate change.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

A drought is an extended period of unusually dry weather marked by a significant and sustained lack of precipitation, falling below a specific threshold over a large area for more than a month

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Activities that relate to the production of goods and services from forests.

A financial institution that manages a country's currency and can promote climate-related initiatives through green monetary policy and other means.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

This sector involves the distribution, treatment, and conservation of water resources.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Dedicated pool of financial resources for climate-related projects.

Hot temperature extremes are daily maximum temperatures  that were exceeded on average once in a decade or once in 50 years, and includes heatwaves.

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

The cryosphere is the frozen part of the Earth—it includes sea ice, glaciers, snow, and ice sheets. It helps regulate the climate and weather by reflecting sunlight. Rising temperatures are causing melting, leading to sea ice loss, glacier collapse, and glacier landslides and avalanches. This threatens the livelihoods of around 700 million people who rely on the cryosphere for food, water security, and cultural practices.

This sector involves activities to move goods and people, alongside the storage of products.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Direct investments by the governments using public funds. This can be to support climate initiatives or integrate climate into other projects.

The activities of industries that transforms raw materials into finished goods through industrial processes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

People who have left their homes, whether through force, voluntarily, or a mixture of both

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Social protection systems consist of policies that help people manage social risks in order to prevent poverty and maintain decent incomes and living standards

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Geohazards are adverse geological phenomenon's that are capable of causing widespread damage or loss to property, life and the environment, such as earthquakes, volcano eruptions and tsunamis. Climate change can increase the frequency and severity of some geohazards, such as landslides, and soil erosion.

Notre Affaire à Tous and Others v. France - Other

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance