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Belgium Trees in Lennik and other towns Klimaatzaak v. State of Belgium, The Walloon Region, The Flemish Region, Brussels Region

Belgium
National
Approved in 2021
Case
Eco-Governance System
Nature
All Nature
Asbl Klimaatzaak (NGO)
Civil Society, NGO

Summary

In 2014, the Belgian NGO Klimaatzaak (Climate Case) filed a case against the Belgian government and the governments of the Walloon, Flemish, and Brussels-Capital Regions with the Brussels Court of First Instance, arguing that these governments’ inadequate climate policies constitute a violation of standards of care, as well as human and children’s rights. In 2019, a voluntary intervention was filed, naming 82 specific trees directly as co-signatories in the case. On June 17, 2021, the Brussels Court of First Instance held that the governments had indeed breached their duty of care by failing to take necessary measures to prevent the harmful effects of climate change but declined to set specific reduction targets on separation of powers grounds. Klimaatzaak appealed the judgment of the first instance in November 2021 because the court did not set targets for reducing greenhouse gas emissions. Klimaatzaak awaits a reply from the various governments.

To see the original legal document(s) for this initiative, click the links below:

Trees in Lennik v State of Belgium [PDF]

To see other supplementary information related to this initiative, click the links below:

Press release
Climate Case Chart
Colombia School of Law - Climate Law Blog
France 24 - Belgian court finds government negligent on climate in landmark decision

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