This trend has continued in 2024 and 2025. Recent case law further crystalised the specifics of the duty of care of states and companies in relation to fighting dangerous climate change. This provides for further clarity on what to expect from states and companies, for example in terms of mitigation and/or adaptation measures. In the Annex to this trend report we will discuss several recent ESG litigation cases – both from Dutch courts and international courts – that shed further light on how climate change obligations of companies and states are being enforced through civil litigation.
What to expect next? In this trend report we discuss these recent developments in the realm of ESG litigation.
How to deal with the increasement of ESG litigation risks?
In view of the evolving significance of ESG factors, it is recommended that companies adopt a proactive and transparent stance on ESG matters, for instance by implementing an appropriate ESG (corporate) Governance. Failure to comply with these obligations could expose the company and its board of directors to the risk of litigation under the ESG-related provisions, including class action proceedings.
For those interested in delving deeper into the recent developments on ESG litigation, we offer a trend report in which we expound upon our insights regarding the potential implications of the recent ESG trends for (Dutch) companies. This report is conveniently accessible below.
Get in touch
ESG litigation is a fast-developing field. Our team is closely monitoring the developments concerning ESG and potential liability and (class action) litigation risks in this respect. Please feel free to contact one of our colleagues below for more information.
