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The ESG Litigation Guide provides detailed analysis of chosen European and international ESG litigation cases, both decided and pending. It includes details on the claims raised by the parties, the relevant legislation, public statements by interested parties, as well as links to judgements and press reports.
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Environment, Social, Governance (ESG) litigation has been part of the Dutch litigation landscape for many years. Landmark rulings include Urgenda (in which the Dutch Supreme Court decision upholding upheld a judgment from the court of appeal ordering the Dutch government to reduce greenhouse gas emissions in the Netherlands with at least 25% compared to 1990 levels, by 2020 ) and the District Court of Amsterdam decision in which a Dutch holding company was ordered to limit the CO2 emissions of the group of companies it controls. With the Dutch collective action regime allowing for mass damages claims since 1 January 2020, ESG litigation has further increased. The cases cover a wide range of industry sectors and require answers to complex legal and strategic questions regarding employment, consumer protection, climate change, greenwashing and the environment. Given new and possibly upcoming ESG-laws in the Netherlands (such as the Dutch Child Labour Due Diligence Act (‘Wet zorgplicht kinderarbeid’) and the Responsible and Sustainable International Business Act (‘Wet verantwoord en duurzaam internationaal ondernemen’), containing more obligations for companies, we expect that ESG litigation is not only here to stay, but will form a major part of future (class action) litigation in the Netherlands.