Building on a rise in climate change litigation in Europe, applicants representing 10 families from EU and non-EU States, as well as an association of young Sami people, have brought an action against the European Parliament and the Council before the EU General Court ("EGC") to urge EU institutions to adopt more stringent greenhouse gas reduction targets.

On May 23, 2018, applicants filed an application to the EGC (Case T-330/18) to seek the annulment of the emissions targets set out in three legislative acts ("Legislative Acts") that are part of the 2030 climate and energy framework, the EU framework to reduce by 2030 overall greenhouse gas emissions by at least 40 percent compared to 1990 levels: (i) Directive (EU) 2018/410 (on cost-effective emission reductions and low-carbon investments); (ii) Regulation (EU) 2018/842 (on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030); and (iii) Regulation EU 2018/841 (on the inclusion of greenhouse gas emissions and removals from land use, land use change, and forestry into the 2030 climate and energy framework).

In substance, the applicants argue that the Legislative Acts violate their fundamental rights as guaranteed by the Charter of Fundamental Rights of the EU (e.g., right to life and health, right to property, right to equal treatment), as well as international agreements, insofar as the Legislative Acts set inadequate targets to reduce GHG emissions. In addition to annulment, the applicants seek injunctive relief from the EGC to require the EU institutions to enact a more ambitious greenhouse gas emissions target of a reduction by 2030 of at least 50–60 percent from 1990 levels. The applicants do not, however, seek monetary compensation for their individual losses.

This matter is expected to take at least a couple of years to fully litigate. If the applicants are successful, the Parliament and the Council may have to reconsider the targets set out in the Legislative Acts, which could eventually result in more stringent standards for industry.

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