Martina Menegat
- 31 October 2025
- LEGAL WORKING PAPER SERIES - No. 23Details
- Abstract
- On 9 April 2024, the European Court of Human Rights (ECtHR) delivered a landmark ruling in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland. The ruling was handed down together with two further rulings in Duarte Agostinho and others v. Portugal and others, and in Carême v. France. The ruling marked the first time the ECtHR held that insufficient climate action by a state constitutes a violation of human rights under the European Convention on Human Rights (ECHR). While primarily having an impact on Switzerland as a defending State, the ruling is expected to indirectly affect the legal order of the European Union and its institutions. Moreover, the findings of the ECtHR have been reinforced by recent advisory opinions of other international courts and tribunals, in particular the opinion of the International Court of Justice, handed down on 23 July 2025. This paper first recalls the key facts and outcomes from each of the three ECtHR climate rulings and explores the key findings in greater detail. Second, the paper outlines the climate rulings of other international courts and tribunals. Thereafter, the paper explains the relevance of the KlimaSeniorinnen ruling for the Union and its institutions. First, as a matter of substance, the paper explains how the ruling carries lessons for the ambition and implementation of the climate policies of the Union and its Member States. Second, the paper goes on to explore the procedural avenues for litigants to bring an action before the Court of Justice of the European Union (CJEU), to challenge Union policies on the basis of the ECtHR’s ruling. The paper then outlines how the ruling may be relevant to the ECB, and for the national central banks (NCBs) and national competent authorities (NCAs) within the Eurosystem and Single Supervisory Mechanism. Finally, the paper explores how the ruling may be relevant to the financial sector, insofar as it increases the risk of litigation, and risks related to the process of adjustment towards a low-carbon economy (transition risk).