__L'affaire Climat

The lawsuit in which everyone wins

Belgium is not keeping its international climate promises, so the non-profit Climate Case is aiming to change that via the courts. To enforce an ambitious climate policy, we’re bringing a lawsuit against the four Belgian governments with climate competences. You can no longer join the lawsuit as a co-claimant, but you can still support us morally and financially.

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Why is this lawsuit necessary?

This lawsuit is necessary because temperature records continue to be broken, because flooding is becoming more frequent… but above all because there is no real Belgian climate policy. We’ve seen in the Netherlands that this can be enforced via legal action: the Dutch climate organisation Urgenda won a similar case that has led to an ambitious climate law.

How has the lawsuit progressed?

2014
December 1, 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.
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2015
March 1, 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.
April 27, 2015
Climate Case subpoenas the four Belgian governments

Climate Case summons the governments to appear in court.
June 2, 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.
June 11, 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.
September 25, 2015
Language change not granted

The French-language court of first instance denies the Flemish Region’s request.
October 23, 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.
2016
February 8, 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.
April 24, 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.
2018
January 12, 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.
March 2, 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.
April 20, 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.
2019
February 1, 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.

2019
And now?

Substantive discussions

The substantive discussions are well under way. In the first instance they are submitted in writing; only at the end of the processwill they be presented orally.

The procedural calendar

February 2019: Main conclusions of the governments
July 2019: Main conclusions of Climate Case
October 2019: Additional conclusions of the governments
December 2019: Additional conclusions of Climate Case
March 2020: Final response from the governments
Autumn 2020: Pleas and judgement

Who is Climate Case?

11 founders, 21 ambassadors and more than 40 volunteers

Climate Case was founded in 2014 by 11 concerned citizens who wanted to take action against Belgium’s ailing climate policy. Since then, 21 ambassadors and more than 40 volunteers have played their part in the project.

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A team of lawyers

Eric Gillet, Carole Billiet, Luc Depré and Audrey Baeyens of Equal Partners, with Roger Coxwho won the Dutch Climate Case in 2015, represent Climate Case and all co-claimants. Denis Philippe of Philippe & Partners coordinates the legal advisory board.

A board of directors and a coordination and communication team

The eight members of the board of directors set out the strategy. Climate Case has one member of staff, Sarah Tak, who coordinates everything . She is assisted by BlueGround for bookkeeping and by Unanimous and Cypres for communication.

How do we spend our money?

The money we raise pays for our legal costs, the running costs of the non-profit and the costs of communication and fund-raising. Any money left after the case will be passed on to Belgian organisations and projects working on ecology and transition.

View our budget (in Dutch) >
View our budget (in French) >

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Together we demand an ambitious climate policy

The lawsuit in which everyone wins

Thanks to Jente

Donate

Give our case the best chance of success

Why is this lawsuit necessary?

How has the lawsuit progressed?

2014

Climate Case sends formal notice to the four Belgian authorities

2015

Consensus with ministers seems impossible

Climate Case subpoenas the four Belgian governments

The legal proceedings begin

Flemish Region requests language change

Language change not granted

Flemish Region appeals to district court

2016

Confirmation of original judgement

Joke Schauvliege lodges an appeal

2018

Court of Cassation postpones verdict

Cassation judgement postponed again

Court of Cassation rejects Joke Schauvliege’s appeal

2019

Climate case receives main conclusions from governments