In 2019, a group of NGOs, including Notre Affaire à Tous, Greenpeace and Oxfam, backed by a petition from over 2.3 million citizens, filed a complaint against the French state. Their grievance: France’s failure to meet its commitments to reduce greenhouse gas emissions, set out in the first National Low Carbon Strategy (2015-2018). This legal action, dubbed the “Case of the Century”, marked a turning point in the fight against climate change in France, placing the State’s environmental responsibility under the judicial and public spotlight.
The 2021 Judicial Decision and its Consequences
In February 2021, the court ruled in favor of the NGOs, recognizing the State’s responsibility for the “ecological damage” resulting from its failings. At the time, the courts ordered the French government to offset emissions exceeding France’s 2015-2018 targets by 15 million tonnes of CO2 equivalent (MtCO2e), with a deadline of December 31, 2022.
The Government Reduction Plan and Emissions for 2022-2023
Faced with this decision, the government presented a plan in May aimed at reducing France’s carbon footprint. Data for 2022 and early 2023 showed a drop in emissions, but NGOs questioned the real effectiveness of these measures. In their view, most of the reductions observed were due to cyclical factors, such as a mild winter and the energy crisis linked to the war in Ukraine, rather than to structuring, long-term government actions.
Astreinte request from NGOs
In June 2023, faced with what they saw as insufficient action by the State, the NGOs launched a new legal procedure, this time to claim financial penalties. The penalty of 1.1 billion euros, based on nine half-years of cumulative delay in reducing emissions, was calculated using the Quinet method, which assesses the value of climate action.
Emissions Reductions Analysis and NGO Expertise Report
The NGOs submitted an expert report stating that the majority of the emissions reductions observed in 2022 were attributable to external circumstances. Their analysis suggested that, in the absence of these cyclical factors, emissions would actually have risen in certain key sectors.
The Government’s New Action Plan and its Limits
In the face of legal and public pressure, French Prime Minister Elisabeth Borne presented an ambitious action plan in May aimed at decarbonizing and reducing emissions. However, despite these announcements, France remains far from its objectives, with an effective reduction of only 25% by 2022, compared with the target of 50% by 2030 in line with European commitments.
Additional Legal Pressures and Climate Challenges
In addition to the “affair of the century”, the French government is also faced with other climate-related disputes, including one initiated by the commune of Grande-Synthe. These cases highlight the need for the State to accelerate and intensify its efforts to meet climate requirements.
The 1.1 billion euro penalty demanded by the NGOs symbolizes a critical moment for France. It represents not only a financial challenge, but also a call for more effective and responsible climate action. This situation highlights the need for the State to adopt more robust and proactive public policies to combat climate change.
