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Netherlands

32

of 50 Netherlands cases

Class Action / Collective ProceedingsOn AppealGovernment and public law

NetherlandsPart of the Netherlands collection, outside the ranked index.

Greenpeace v. Netherlands (Bonaire)

Stichting Greenpeace Nederland v. the State of the Netherlands

Dutch state appeals ruling that its climate policy fails Bonaire’s residents

At stake
Structural relief
Score
34.7Provisional, impact not rated yet
Latest event
Sep 15, 20267 weeks ago
Next step
Not scheduledNothing dated on the record yet
Commenced
Jan 20242 yr 9 mo ago
Court
Court of Appeal of The HagueC/09/659832 / HA ZA 24-53

Greenpeace Netherlands sued the Dutch state on behalf of the residents of Bonaire, alleging that its climate policy leaves the Caribbean island unprotected. On January 28, 2026, the District Court of The Hague held that the State breached their human rights. It ordered binding economy-wide emission targets within 18 months and an adaptation plan covering Bonaire by 2030. The State’s appeal opened at the Court of Appeal of The Hague on September 15, 2026.

Latest development Sep 15, 2026

On September 15, 2026, the State’s appeal against the Bonaire judgment opened at the Court of Appeal of The Hague. The court will first decide the State’s request to suspend, pending the appeal, the order to write economy-wide emission targets into law. The order on an adaptation plan for Bonaire is not part of that request.

Why it matters

The appeal will decide whether the European Convention on Human Rights lets Dutch courts order the State to legislate economy-wide emission targets and plan adaptation for its Caribbean islands. It tests how far climate duties extend to residents of overseas territories.

Background

Bonaire is a low-lying island of about 26,000 people in the Caribbean Netherlands, the part of the country outside Europe. In January 2024, Greenpeace Netherlands and eight Bonaire residents sued the State of the Netherlands in the District Court of The Hague. They brought a collective action under the Dutch Act on Collective Damages Claims (WAMCA). They alleged that the State did too little to cut emissions and to protect the island from sea-level rise and other effects of climate change. They also alleged that the State protected Bonaire’s residents less well than people in the European Netherlands. On September 25, 2024, the court allowed Greenpeace to pursue the collective claims but held the eight residents’ own claims inadmissible.

The State argued that it takes different, not fewer, measures for Bonaire and that climate policy is for the government and parliament. After a two-day hearing on October 7 and 8, 2025, the court ruled on January 28, 2026. Applying the KlimaSeniorinnen judgment of the European Court of Human Rights, it declared that the State breaches Article 8 of the European Convention on Human Rights (ECHR). It found that Dutch climate policy is not a fair contribution to limiting warming to 1.5°C and that the State has not protected Bonaire’s residents adequately. It also found unjustified unequal treatment under Article 14 of the ECHR and Article 1 of its Protocol No. 12.

The court gave the State 18 months to write absolute economy-wide emission reduction targets, with interim targets up to 2050, into national legislation. It also ordered the State to disclose the Netherlands’ remaining emissions budget. In addition, the State must ensure that a national adaptation plan covering Bonaire is in place by 2030. It rejected requests to prescribe specific measures and the claim under Article 2 of the ECHR, and it declared the orders provisionally enforceable. On March 18, 2026, the court refused Greenpeace’s request to correct the judgment to add a six-month deadline for the emissions budget.

On April 10, 2026, the Minister of Climate and Green Growth told parliament that the State would appeal. The State has asked the Court of Appeal of The Hague to suspend, pending the appeal, the order on economy-wide targets, but not the adaptation order. The appeal opened on September 15, 2026. The 18-month period for the targets runs to July 28, 2027.

Timeline 7 events

  1. Appeal
    State’s appeal opens at the Court of Appeal of The Hague

    The court is to decide first on the State’s request to suspend the mitigation order. The adaptation order is not covered by the request.

    Bonaire.nu (September 7, 2026)Bonaire.nu (October 2, 2026)

  2. Appeal
    Dutch government decides to appeal the Bonaire judgment

    The Minister of Climate and Green Growth told parliament that the State would also ask the Court of Appeal to suspend the order on economy-wide emission targets pending the appeal.

    Government of the Netherlands (April 10, 2026)Dutch News (April 10, 2026)

  3. Order
    District Court of The Hague refuses to correct its Bonaire judgment

    Greenpeace had asked the court to add a six-month deadline for disclosing the remaining emissions budget. The court found no obvious error that it could correct.

    District Court of The Hague (ECLI:NL:RBDHA:2026:5739)

  4. Judgment
    District Court of The Hague finds the State breached Bonaire residents’ rights

    The court found breaches of Articles 8 and 14 of the European Convention on Human Rights. It ordered binding economy-wide targets within 18 months and an adaptation plan covering Bonaire by 2030.

    District Court of The Hague (ECLI:NL:RBDHA:2026:1344)Dutch News (January 28, 2026)

  5. Hearing
    District Court of The Hague opens two-day hearing on the merits

    The hearing on October 7 and 8, 2025, was broadcast by livestream. Three Bonaire residents addressed the court.

    Prakken d'OliveiraDutch News (October 7, 2025)

  6. Judgment
    District Court of The Hague lets Greenpeace pursue the collective claims

    The court held that Greenpeace met the admissibility requirements for a collective action but that the eight residents could not pursue their own claims in it.

    District Court of The Hague (ECLI:NL:RBDHA:2024:14834)Dutch News (September 25, 2024)

  7. Filing
    Greenpeace and eight Bonaire residents sue the Dutch state

    They alleged that the State failed to protect Bonaire’s residents from climate change and treated them less favorably than people in the European Netherlands.

    Dutch News (January 12, 2024)