Information Note on the Court’s case-law 263

June 2022

Carême v. France (relinquishment) - 7189/21

Article 2

Positive obligations

Alleged inadequacy of action to prevent global warming: relinquishment in favour of the Grand Chamber

Article 8

Article 8-1

Respect for family life

Respect for home

Respect for private life

Alleged inadequacy of action to prevent global warming: case referred to the Grand Chamber

On 19 November 2018, acting in his own name and, in his capacity as mayor of a municipality situated on the English Channel coast, in the name of and on behalf of the municipality, sent requests to the French President, the Prime Minister and the Minister for Ecological and Solidarity Transition, asking them to: take all appropriate measures to curb greenhouse gas emissions produced in French territory so as to comply with France’s undertakings; take all appropriate legislative or regulatory initiatives to make it compulsory to prioritise climate action and prohibit any measures that might increase greenhouse gas emissions; and take immediate steps to ensure France’s adaptation to climate change.

On 23 January 2019 the applicant and the municipality lodged an application with the Conseil d’État for judicial review of the tacit rejection of the requests of November 2018 resulting from the lack of a reply.

On 19 November 2020 the Conseil d’État held that the applicant could not prove that he had an interest conferring standing on him to seek judicial review of the tacit decisions, but that the municipality did have such an interest, “having regard to its level of exposure to the risks arising from the phenomenon of climate change and to the direct and undeniable impact on its situation and on the specific interests for which it is responsible”. It rejected the submissions in the application, except in so far as they concerned the implicit refusal to take any appropriate measures to curb greenhouse gas emissions produced in France, ordering further investigations in that respect.

On 11 July 2021 the Conseil d’État set aside the government’s tacit refusal on that issue, observing, firstly, that the reduction in emissions in 2019 had been minimal and that the reduction in 2020 was insignificant because economic activity had been limited by the health crisis and, secondly, that compliance with the emission reduction targets that had been set, in particular a 12% reduction for the period 2024-2028, did not appear feasible unless new measures were adopted rapidly. It urged the government to take additional measures by 31 March 2022 to meet the target, resulting from the Paris Agreement, of a 40% reduction in greenhouse gas emissions by 2030.

Relying on Articles 2 and 8 of the Convention, the applicant complained that the action taken by France to deal with global warming had been insufficient, including the authorities’ failure to take all appropriate measures enabling the State to meet its own targets for maximum levels of greenhouse gas emissions.

On 31 May 2022 a Chamber of the Court relinquished jurisdiction in favour of the Grand Chamber.

See also Verein KlimaSeniorinen Schweiz and Others v. Switzerland, 53600/20; and Duarte Agostinho and Others v. Portugal and 32 other States, 39371/20

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

Click here for the Case-Law Information Notes