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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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Following a global trend, Environmental, Social, and Governance (ESG) has become an increasingly relevant part of the Swiss litigation landscape. While the numbers of claims filed based on environmental or social grounds have been limited, the legislative framework is changing rapidly and introduces increased standards for ESG matters. As of 1 January 2022, the Code of Obligations (CO) includes obligations accounting for supply chain due diligence of companies importing or refining certain ores and metals from high-risk areas. As of 2023, large Swiss companies have to provide and publish annual reports on ESG matters, such as CO2 goals, transparency and sustainability issues. This obligation is reinforced by newly introduced provisions in the criminal code. Besides dedicated ESG-related legislation, Swiss law provides potential claimants with various grounds to plead ESG-related matters. The impact of effects caused by climate change gave rise to claims due to alleged infringement of personal rights. Incorrect environmental advertisements may qualify as unfair competition and give raise to claims as well. Compared to other European Countries and especially the U.S., Switzerland has for the longest time seen little litigation related to ESG matters. This might be changing however. Several cases are currently pending before Swiss courts and judgements can be excepted rather soon. Additionally, the lawsuit of the "Klima Seniorinnen Schweiz" received global attention as it is one of the first climate-related actions pending before the European Court of Human Rights.