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Energy and climate change: The most significant climate change litigation decision yet?

A general view of the dry riverbed at the confluence between Po and Ticino rivers.
Photo: Emanuele Cremaschi/Getty Images

Phillip Ashley | CMS, Valerie Allan | CMS, Sarah Vasani | CMS, Olivia Jamison | CMS+2

9 min read
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The decision casts law courts rather than governments as ultimate body responsible for deciding whether public authority action and inaction on climate change are appropriate.

In Verein KlimaSeniorinnen Schweiz and Others v Switzerland (application no. 53600/20), the European Court of Human Rights (ECtHR) issued arguably the most impactful and far-reaching ruling on climate change by any European court.

The decision has the potential to affect individuals, businesses, and governments in a radical way by

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