HAGUE – A Dutch appeals court on Tuesday overturned a landmark ruling that ordered the energy company Shell to reduce its carbon emissions by a net 45% by 2030 compared to 2019 levels, while saying that “protection against dangerous climate change is a human right”.

The decision was a defeat for the Dutch arm of environmental group Friends of the Earth, which hailed the original 2021 decision as a victory for the climate. Tuesday’s civil ruling can be appealed to the Dutch Supreme Court.

The ruling upholding Shell’s appeal came as a 12-day UN the climate conference enter Azerbaijan the next day.

In a written summary of the ruling, the court said Shell had an obligation to limit its emissions, but overturned the lower court’s decision because it “could not find that the social standard of care imposes an obligation on Shell to reduce its emissions of CO2 by 45% or another percentage.

“Currently, there is not enough consensus in climate science about what percentage reduction an individual company like Shell should commit to.”

Presiding Judge Carla Joustra said Shell already has targets for climate-warming carbon emissions that are in line with Friends of the Earth requirements – both for what it produces directly and for emissions from the energy the company purchase from others.

The court then ruled that “for Shell to reduce the CO2 emissions caused by purchasers of Shell products … by a certain percentage would be ineffective in this case. Shell could meet this obligation by ceasing to trade in the fuels it purchases from third parties. Other companies would then take over this trade.”

Joustra said that “The final decision of the court is that the claims of Friends of the Earth cannot be accepted. Therefore, the court annuls the judgment of the court”.

“This hurts,” said Friends of the Earth Netherlands director Donald Pols. “At the same time, we see that this case has ensured that major polluters are not immune and has further fueled the debate about their responsibility in tackling dangerous climate change. . That’s why we continue to tackle major polluters like Shell.”

The company welcomed the decision.

“We are pleased with the court’s decision, which we believe is the right one for the global energy transition, the Netherlands and our company,” Shell plc chief executive Wael Sawan said in a written statement. “Our target to become a net-zero energy business by 2050 remains at the heart of Shell’s strategy and is transforming our business.”

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