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Reposted by 🌍⚖️ Sébastien Duyck

GENeva Environment Network @genevaenvironmentnetwork.org · 22/06/2026

Moderating the event, @duycks.bsky.social of @ciel.org underscores the importance of discussing intergenerational rights against the backdrop of many intergovernmental negotiations, and of advancing the right of #FutureGenerations in different spaces.

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Reposted by 🌍⚖️ Sébastien Duyck

Center for International Environmental Law @ciel.org · 22/05/2026

The #MilieudefensieVShell hearings just wrapped up in The Hague 🇳🇱. At the heart of the case brought by Milieudefensie and partner NGOs is a fundamental legal question: ❓Can a fossil fuel company be legally required to align its business model with climate science and human rights obligations❓ A 🧵

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

74/ ✊👨‍⚖️ As the sculptures outside the 🇳🇱 ⚖️ Supreme Court metaphorically suggest: it is time for judges to unbox the law & use its full force in this case. #ClimateJustice requires ending impunity for climate polluters. (This concludes this live report. Do not hesitate to post any Q. TY for following.)

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

73/ 🗣️ Today at 🇳🇱 Supreme Court, we heard about how one company bears greater responsibility for the climate crisis than almost any individual nation state. And how it invests massively in public influence to shape EU climate policies and maintain the status quo at the expense of future generations.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

71/ 📆 The presiding judge seeks confirmation of the timeline from the advocate general: we expect the AG's conclusions (often followed by the Court) in Oct-Nov 2026. 🔚 And with this, the hearing concludes...

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

70/ final words to the representative of that foundation siding with Shell: with a great deal of hand gestures, the lawyer warns against the danger of too rapid a transition given the wobbly nature of renewable energy. A rather low point in today's hearing. But well...

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

69/ 🔻Shell's arguments conclude with a walk-through of the hard-to-abate sectors = economic activities where fossil fuel phase-out is challenging. They must not have paid close attention to the arguments of the NGOs: this was precisely the case for a rapid phase out of fossil fuels where possible.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

68/ 💥 Shell's lawyer caricatures the stakes: "by ruling in favor of the NGOs you would signal that EU law does not matter". No less. 🤔 Personal observation: when an attorney resorts to gross mischaracterization of the stakes in a case, it never strengthens the credibility of their legal arguments.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

67/ We are now turning back to the fossil fuel company lawyer, seeking to make the case once again that any order against one company would be in conflict with EU law and would undermine the European level playing field. (⚔️ so many references to "conflicts" in their arguments)

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

66/ 🫥 MilieuDefensie's rep. then stresses that Shell cannot evade its responsibility by invoking the lack of sufficient action by other actors. This point has been tried by many courts and repeatedly rejected. 👉 Under civil liability law, one can be held accountable on account of one's own tort.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

65/ 🛢️ 📉 Next: addressing the role of fossil fuel in our economies: the NGOs' representatives stress that the mandatory order requested against Shell is not to ban fossil fuel abruptly, but to take progressive action in line with science to meet climate targets.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

64/ 🤥 This was indeed quite a deceptive argument by Shell, suggesting the orders of national and European judges compelling governments to take action to claim that since corporations were not addressed in these rulings, then one can deduce an absence of accountability.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

63/ 🎙️ The hearing resumes, the legal team of the NGOs begins responding to the arguments of Shell. First they point to the fact that climate rulings against governments like Urgenda or ECtHR cases cannot be used to claim that companies should not be held accountable...

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

62/ 🤑 🕵️ The NGOs legal team very convincingly exposed Shell's active role in corporate capture of climate policies, esp. lobbying for 🇪🇺EU regulations fitting its interests. It pulled the rub out fromunder Shell's team feet before Shell tried to argue that EU policy is effective & sufficient.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

61/ 🛢️ 🪖 Shell's representatives clearly sought to use the geopolitical situation to their advantage. But the "dont mandate us to take action or you would undermine Europe's military security" feels like a a hard pill to swallow...

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

60/ Some personal reflections from this morning hearings: 🦹 Shell's legal team repeated so many legal arguments used by other fossil fuel companies in similar cases. These claims have been dismissed repeatedly now by other judges. Let's hope this court will do so too...

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

59/ ⏯️ The break is about to end. (We cannot take picture while the hearing is ongoing but here the courtroom where this consequential climate case is being heard. People are now walking back in. Despite the stakes the atmosphere is very cordial here.)

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

58/ Final fascinating Q by presiding judge: please unpack the relation betwn mandatory emission targets for scope 3 emissions & anticipated reductions of emissions in the transportation sector. ⏸️ The session is then adjourned until 13.30pm. Response after the break: I will continue to report below ⬇️

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

57/ A judge then asks about the relevance of a recent ruling in 🇩🇪 Germany (DUH case) to this case. The environmental NGOs pointed to the fact that this ruling is not of direct relevance to the presence case given differences between the German and Dutch legal frameworks...

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

56/ 🧑‍⚖️ A judge asks about relation betwn this case & ⚖️ Urgenda ruling when it comes to defining the standard for action (= the quantified target). Response by NGOs: the cases rely on ≠ legal basis, limiting comparison betwn the cases. The standard in this case must be set based on objective criteria

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

55/ 🎯 📉 MilieuDefensie takes the chance to demonstrate that the target imposed on private companies must be set in line with science and so as to avoid imposing unrealistic targets further down the road toward net zero...

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

54/ 🧑‍⚖️ 🎙️ The judges are taking over the microphone: asking follow-up questions to the parties. 🎯 📉 First question to MilieuDefensie: what is the lowest level of ambition that you consider adequate for a company like Shell?

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

53/ 🐈‍⬛ 🕊️The foundation is delivering a long presentation echoing many of the arguments already aired by Shell, especially insisting on the importance of keeping energy affordable, trying to deter the judges to "throw the cat among the pigeons", a rather ill-suited allegory for such a foundation...

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

52/👂We heard the two main parties' arguments in the case: @milieudefensie.bsky.social & Shell. Now turning to a shorter pleading by an unlikely actor: "Stichting Milieu en Mens" - the foundation for the environment and people that sought the right to intervene on the side of the fossil fuel giant

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

51/ ⏸️ This concludes initial pleadings by Shell representatives. Most of key arguments were very similar to those put forward by legal teams that sought to defend major carbon emitters facing climate accountability across Europe (RWE in 🇩🇪Germany, Holcim in 🇨🇭Switzerland, Total in 🇧🇪Belgium & 🇫🇷France)

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

50/ ...but if there is one adequate allegory comparing energy markets & fossil fuel supplies to waterbeds, it is the one below... The focus on short term revenues has distracted fossil fuel companies away from their duty of care... Time for the courts to reign in these operations.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

49/ 🛌 🌊 Shell's legal team is claiming that a court order requiring the company to reduce its emissions would be contrary to the loyalty principle and the effectiveness of EU climate measures through a "waterbed effect" (emission reductions by one actor lead to increase of emissions by others).

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

48/ The Shell representative now pretended that the "European Union disagrees with MilieuDefensie" with regard to the need to regulate private actors to achieve climate goals. Of course the "European Union" has not spoken on the case - but it is unlikely that the judges will buy this argument.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

47/ This line of argument was already at play in the legal defence of 🇫🇷 🛢️Total during the court opposing it to @notreaffaireatous.bsky.social at the Judiciary Tribunal of Paris in February 2026. #PollutersUnited See here for the coverage of those hearings: bsky.app/profile/duyc...

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

46/ 🌐 ⚠️ On the other hand, the lawyers warn the judges: Shell is so important to the fossil fuel production of some individual countries that a legal order in this case would threaten the energy choices and security of entire sovereign nations- something that going beyond the remit of a Dutch Court!

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

45/ 🔄 On one hand, the judges are told that Shell is 𝐟𝐮𝐥𝐥𝐲 𝐬𝐮𝐛𝐬𝐭𝐢𝐭𝐮𝐭𝐚𝐛𝐥𝐞: if the Court imposes a target for Shell to reduce its emissions, then consumers will simply increase the demand on other competitors and emissions will not fall...

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

44/ 🌐 According to Shell only "coordinated economy-wide emission reductions targets" can be effective at tackling climate change. As other polluters have done in other cases, Shell is now claiming one thing and its contrary within minutes of the pleadings: Shell is thus also a Shrödinger Company.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

43/ We are now turning to the question of the adequacy of court orders imposing specific emission reduction targets for individual countries. This is the crux of the hearing as this is specifically the gap in the appeal court.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

42/ Unfortunately, the Shell representative did not further unpack this line of argument. He did not address how the lobbying efforts of the fossil fuel industry over past decades has led to a carbon lock-in that has contributed to fuel the military of hostile States through national oil revenues

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

41/ "Therefore any compelling order to address scope 3 emissions would have unintended impacts of many strategic actors." 😲 I must say that this "hold Shell accountable and you will undermine our military against Russian threats" argument is something that I had not seen come!

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

40/ And after this detour to China, we are back to Europe's energy security. 🧑‍🏫 Slides are back on the screen. 🗺️ 🪖 We are presented with a map demonstrating that Shell's impressively large network of fossil fuel facilities across Europe are crucial for the military of European countries.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

39/ As in many climate accountability hearings across Europe, we are now lectured by the legal representative of a major European polluter about the role of coal in the Chinese energy mix. 🤔 This fascination with China's electrical market among high-paid European corporate attorneys is puzzlingly.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

38/ Shell's legal representative is turning to the geopolitical context and the slow pace of the energy transition to insist on the importance of continued fossil fuel supplies. Despite scientific evidence to the contrary, he insists on gas as a transition fuel.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

37/ Shell's legal representatives cite repeatedly other climate cases currently pending in Dutch courts against the bank ING and the port of Rotterdam, seemingly seeking to impress the judges with the idea that the economic profits of many key Dutch economic actors are at stake.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

36/ 🔍 👨‍⚖️ In fact: the ECtHR had affirmed that it is not its role to mandate specific national policies are required to uphold climate obligations - on grounds of the subsidiary principle - but it had affirmed the role of the judiciary and that national government have binding legal obligations.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

35/ Shell's legal representative then misquotes the 🇪🇺 European Court of Human Rights' KlimaSenioriennen ruling, claiming that the Court had affirmed that it is not for the courts to interfere with governmental climate action...

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

34/ The lawyer now goes to the core of Shell's argument (echoing big polluters in other courts): uncoordinated judicial orders compelling companies to reduce emissions would lead to chaotic, ineffective and counterproductive climate actions.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

33/ 🧑‍🏫 The legal representative of Shell is now referring to a powerpoint slide shown in the courtroom to strengthen its case, speaking favorably in support of the European green deal and the inclusive process that led to its adoption.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

32/ But today the NGOs representatives have preempted these arguments by demonstrating that policy making is not neutral but that Shell and other companies are heavily involved in shaping these rules and proactively seek to evade accountability when rules do not favour their interests.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

31/ 🔍 I have followed many corporate accountability cases recently & this argument always comes back to the forefront in the companies' legal defense: rejecting judicial accountability by professing respect for governmental regulations.

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

30/ Shell's legal representatives are now taking the floor, starting by stressing the recognition of climate science and their belief in the role of national governments and the effectiveness of public policy making...

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

29/ The NGO pleadings concludes by insisting that imposing a reduction order on Shell would serve climate but also societal interests. And that failing to apply the law to the case would undermine the democratic rule of law and legal order. "The price will be high, unimaginably high".

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🌍⚖️ Sébastien Duyck @duycks.bsky.social · 22/05/2026

28/ 🎙️ The NGO lawyer now addresses directly the judges: "You have a major role to play in ensuring the application of the law so that the responsibility resting on states and large corporations is taken seriously. Human rights must be violated neither by governments nor companies like Shell".

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