Greenpeace Luxembourg v. Schneider

Luxembourg

Jurisdiction: Luxembourg

Principle law(s): EU Emission Trading Scheme (EU ETS) (Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC)

Side A: Greenpeace Luxembourg (Ngo)

Side B: Minister Schneider (Government)

Core objectives: Claimant sought information on Luxembourg's national pension fund's investment in climate-harming industries.

Summary

In September 2019, Greenpeace Luxembourg brought an action in administrative court against the Luxembourgish Minister of Social Security, Roman Schneider. Greenpeace claims that the Minister failed to respond to an August letter asking for information regarding how Luxembourg's sovereign pension fund planned to align its investments with the objectives of the Paris Agreement, and information on the climate-related financial risks associated with the fund's investments.

According to Greenpeace, in December 2019 an administrative judge ruled that the claim was admissible because Minister Schneider failed to comply with his legal obligation to respond to the letter, and the information sought was covered by the Law on Access to Environmental Information. However, the judge found no legal basis for requiring the Minister to comply with the Paris Agreement or to have the climate-related information that Greenpeace requested. Greenpeace reports that in March 2020, the president of the sovereign pension fund promised in a letter addressed to Greenpeace Luxembourg that the fund will deliver a sustainability report in the third quarter of 2020, including a detailed analysis of the carbon footprint and the climate-related financial risks of the fund's investments.

Case documents

Related laws and policies

This law implements European Union legislation

EU Emission Trading Scheme (EU ETS) (Directive 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC)

Passed in 2003 Legislative

This Directive establishes a Community GHG emissions trading scheme from 2005, to enable the Community and the Member States to meet their Kyoto Protocol commitments. Directive 2004/101/EC reinforces the link between the EU's emission allowance trading scheme and the Kyoto Protocol by making the ...