Legal challenge to EU emissions targets

GLAN and Climate Action Network-Europe take EU to court over inadequate climate targets

Case summary

In partnership with Climate Action Network (CAN) Europe, we’ve launched a legal challenge against the European Commission over its 2030 emissions targets for member states. The case argues that the current targets are inadequate and would lead to 3°C of global heating by 2100 if replicated globally. This legal action is the first of its kind to ask the EU courts to scrutinise climate targets. The EU General Court has prioritised the case due to the urgency of the climate crisis, and a hearing is expected in the second half of 2025.

Case background

GLAN and CAN-Europe began the case by submitting a Request for Internal Review in August 2023, challenging the European Commission’s Annual Emissions Allocations (AEAs) for Member States under the Effort-Sharing Regulation. These AEAs cover emissions from sectors like transport, buildings, agriculture, and waste. The Commission rejected the request in December 2023, prompting GLAN and CAN-Europe to file a case in February 2024. The legal argument centres on the claim that the EU’s 2030 targets were not based on the best available climate science, and therefore violate obligations to adopt science-based emissions limits. The Commission has attempted to dismiss the case on technical grounds, without addressing the substance of the challenge. GLAN’s legal team cites the European Court of Human Rights’ April 2024 ruling, which affirmed that states must adopt emissions targets consistent with limiting warming to 1.5°C.

“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”

– Gerry Liston, Senior Lawyer with GLAN.

Case Timeline

23 August 2023

GLAN and CAN-Europe submit Request for Internal Review (RIR) of EU Annual Emissions Allocations

14 December 2023

European Commission replies rejecting request (RIR) as unfounded.

27 February 2024

GLAN and CAN-Europe filed case against European Commission with EU Court.

8 July 2024

European Commission submits its defence.

21 August 2024

GLAN and CAN-Europe submit reply to European Commission’s defence.

26 September 2024

European Commission’s ‘rejoinder’ to GLAN and CAN-Europe’s reply due.

First half of 2025 (estimate)

Hearing before the EU General Court in Luxembourg.

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Case Partner

Climate Action Network-Europe

Climate Action Network (CAN) Europe is Europe’s leading NGO coalition fighting dangerous climate change. They are a unique network, in which environmental and development organisations work together to issue joint lobby campaigns and maximise their impact. With over 200 member organisations active in 40 European countries, representing over 1,700 NGOs and more than 40 million citizens, CAN Europe promotes sustainable climate, energy and development policies throughout Europe.

partner quote

“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. The recent acceleration in expanding renewable energies in many countries and related cost reductions provide new momentum for this”