12-11-24: All you need to know about the upcoming judgment in Shell’s appeal of our climate lawsuit

The countdown has begun. On Tuesday November 12th, the court will pronounce its judgment in Shell’s appeal of the ruling from our successful 2021 climate lawsuit. This is a decisive moment for all of us. Read more about this important day.

With your help, we have been upping the pressure on Shell and other large polluters for the past several years. Winning the appeal on the 12th of November would mean a turning point for the climate, and a victory for all of us. Our success in this climate case so far has already brought about a new wave in climate justice:

1. All around the world, people have been filing successful climate lawsuits against polluting corporations and governments.
2. We now have a new European law telling corporations to bring their business into line with climate goals.
3. There is no more doubt about it: if we as consumers are trying our best to help the climate, it’s no more than reasonable that big corporations do the same. We are asking them to do what is needed to meet the Paris Agreement goals.

What will the judgment on appeal mean?

We don’t know how the judge will rule on the 12th of November. But we do know the big questions that this verdict will address:

1. Is Shell a contributor to dangerous climate change?
2. Is Shell putting human lives at risk?
3. Can Shell be held responsible for its Scope 3 emissions?
4. Does Shell have a duty to reduce its CO2 emissions? And if so, by how much?

There are many possible answers to these questions. Our lawyers have thoroughly addressed these in their arguments and presented all available evidence to the court. We hope that the court of appeal will uphold its judgment from 2021. This would spell a turning point for the climate and for people around the world.

What happens after November 12th? Is this the end of the case against Shell?

If whichever party is not satisfied with the judgment, they can take things to the highest court in the Netherlands: the Dutch Supreme Court. The Supreme Court will not re-evaluate the entire case. They will only judge whether the judgment from the court of appeal can be considered ‘reasonable’. If the Supreme Court approves the verdict, theirs is the final word.

Shell has already announced that they will take matters to the Supreme Court if the judgment is not in their favor. We await the 12th of November, and will decide how to proceed after the judgment is passed.

We are stronger together

No matter the outcome on November 12th, we already consider our climate case against Shell a success. It is the best possible proof that we the people, together, are stronger than large polluters.

Picture banner above: our lawyers in court in The Hague. Photographer: Frank van Beek