Climate groups seek tighter EU emissions caps in court

Two climate campaign groups are arguing in court that the current emissions caps imposed on industry are unlawful because they violate the EU’s commitments under the Paris Agreement.

Climate Action Network (CAN) Europe and the Global Legal Action Network (GLAN) submitted their final written arguments yesterday in a case filed in February this year at the Court of Justice of the European Union's General Court.

The non-profits argue that the European Commission’s current emissions caps for companies in the buildings, agriculture, waste, small industry, and transport’ sectors, which cover about 57% of total EU‑27 emissions, are “alarmingly off-track from the 1.5°C limit of the Paris Agreement”.

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The argument is backed by a recent ruling by the European Court of Human Rights, which found Switzerland guilty of failing to implement sufficient measures to protect its citizens from the worst impacts of climate change.

“The European Court of Human Rights made clear in April that States are obliged to adopt science-based emissions targets consistent with limiting global warming to 1.5°C. We have outlined how the EU’s 2030 targets were not derived from best available climate science, a point which the Commission has not even contested in its defence of our case. Instead, it has tried to have the case struck out on mere technicalities,” said Gerry Liston, Senior Lawyer with GLAN.

EU should aim for 65% emissions reduction by 2030

The NGOs are calling on the EU to expand the ambition of the Fit for 55 package, which currently aims for a 55% emissions reduction by 2030, to achieve at least 65% gross emission reduction by the end of this decade.

“We have to use all available channels to push the European Commission to bring the EU’s  climate ambition on track with its fair share for the 1.5°C goal of the Paris Agreement. The EU has to ramp up emissions reduction and achieve at least a 65% cut by 2030 if it wants to be a credible actor,” said Sven Harmeling, Head of Climate at CAN Europe.

CAN Europe and GLAN expect that a hearing could be held at the General Court in the second half of 2025, with a judgement due in early 2026.