An important topic in aviation is the reduction of CO2 emission. Aircraft burn kerosene and therefore emit CO2. Recently, the preliminary relief judge of the District Court of The Hague issued a judgment in the context of CO2 reduction by the Dutch airline KLM and the state aid that KLM received due to the corona pandemic. What conditions for CO2 reduction can be attached to that state aid?
Claim for CO2 reduction in aviation by Greenpeace
Greenpeace brought a claim before the District Court for stricter climate conditions to be attached to the state aid granted to KLM. The State aid was provided by the Netherlands in order to guarantee the continued existence of KLM after the corona pandemic, in view of its importance to the Dutch economy. Conditions relating to sustainability and quality of life are attached to this aid, which are in line with the climate objectives that apply to international aviation.
Rejection of Claim for Stricter Climate Conditions in State Aid to KLM
The Court in preliminary relief proceedings has rejected the claim of Greenpeace. Greenpeace wants a reduction of emissions that goes beyond the international agreements and objectives. Contrary to Greenpeace’s assertion, the Court in preliminary relief proceedings found that the UN climate treaties, the ECHR and the judgment of the Dutch Supreme Court in the Urgenda case do not require the State to do more to reduce KLM’s CO2 emissions.
Greenhouse gas emissions from international aviation
According to the Court in preliminary relief proceedings, the UN Climate Conventions do not relate to the emission of greenhouse gases as a result of international aviation. Since KLM’s emissions are almost entirely due to international flights, the state has no duty to intervene. The responsibility for reducing CO2 emissions lies – on the basis of the Kyoto Protocol, among other things – with the International Civil Aviation Organization (ICAO). Furthermore, the Court in preliminary relief proceedings considered that the reduction in CO2 emissions that Greenpeace is demanding goes beyond the agreements that have been made at an international level.
In the Urgenda judgment mentioned above, it was ruled that the State must reduce the emission of greenhouse gases on the basis of the UN Climate Convention and the duty of the State to protect citizens. However, Greenpeace’s reliance on this judgment does not succeed because that judgment only relates to the emission of greenhouse gases in the Netherlands. KLM’s CO2 emissions relate to international flights.
Also considering the fact that the Court in preliminary relief proceedings may only judge the State with restraint (marginal review) and the fact that the State has already attached conditions to the aid, Greenpeace’s claim was denied.
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Cooperation between LVH and AeroDelft – Attention for CO2 reduction
The aforementioned statement does not alter the fact that within the aviation sector there is considerable attention for the reduction of CO2 emissions. Since 2020 LVH Advocaten has been a partner of AeroDelft, a foundation dedicated to making aviation more environmentally friendly. With Project Phoenix, students from Delft University of Technology have set to work within AeroDelft to build the first aircraft to fly on liquid hydrogen. The goal is to completely eliminate CO2 emissions during flight. A progressive initiative that LVH Advocaten is happy to support.
