Appeal Ruling Grants Shell Temporary Reprieve but Reaffirms Obligation to Limit Carbon Emissions

THE HAGUE, November 12, 2024 – The Court of Appeal in The Hague today delivered its ruling in Milieudefensie et al. v. Shell plc. This case, originally decided in 2021 by The Hague District Court, had ordered Shell to reduce its global carbon emissions by 45% by 2030, relative to 2019 levels, to align its business practices with the climate targets set by the Paris Agreement.

The original judgment was hailed globally as a landmark for corporate climate accountability and marked the first time a company was judicially mandated to reduce emissions in line with the Paris climate goals.

Today’s ruling on Shell’s appeal takes a more conservative view of the scope of corporate actors’ legal duties – recognizing that Shell has a legal obligation to reduce emissions, including from its products, but refusing to enforce it.

Sébastien Duyck, Senior Attorney at CIEL, released the following statement:

“While today’s judgment may temporarily shield Shell from immediate accountability in this court, it does not alter the hard scientific truth: fossil fuels are the chief drivers of the climate crisis, and continuing business as usual—or worse, expanding operations—puts everyone and our planet at risk. The impacts of climate change are mounting. The court stressed once again the importance of protecting human rights from activities causing climate harms. On this basis, the Court reaffirms that companies have the legal obligation to reduce emissions – including scope 3 emissions – even in the absence of a specific standard regulating the conduct of private actors. It is only a matter of time before carbon majors are held responsible for the immense costs and harms their operations inflict on communities and ecosystems worldwide.

“Momentum for climate accountability is unstoppable. The number of cases against big polluters and their financial backers is only growing. In just a few weeks, attention will shift to another courthouse here in The Hague, where the International Court of Justice is set to advance advisory proceedings that could reshape international climate obligations. The ICJ’s forthcoming opinion could address states’ legal duties to regulate corporate actors within their jurisdiction, tightening the framework around the companies that contribute most to the climate crisis. This is a pivotal moment. The call for corporate accountability is only growing stronger.”


Media Contact

Niccolò Sarno, CIEL Global Media Relations, press@ciel.org