Laura Otýpková
Lawyer and Head of the Responsible Energy Team
An unprecedented decision was made at the Municipal Court in Prague in the historically first Czech climate litigation, for which Frank Bold Advokáti provided legal expertise.
According to the court, the state should now take the necessary measures to slow down climate change. In particular, it should take the necessary steps to reduce greenhouse gas emissions in the fields of energy, transport and forestry. The state was given six months to comply. This is the first similar decision in the Czech Republic, but we have seen the same decision to be made already by courts in Germany, the Netherlands or Ireland.
"The court, like the courts of other European and world states, has assumed that international climate protection obligations directly imply the rights of individuals. He stated that the measures set out in the strategic documents of the Czech ministries are clearly not sufficient to achieve even the minimum emission reduction target by 2030 set by the European Union,” summed up the court's verdict our lawyer Pavel Černý.
Due diligence under the Corporate Sustainability Due Diligence Directive (CSDDD) is designed to direct finite corporate resources towards the issues that matter most for people and the environment. At the heart of that effort is prioritisation, defined in Article 9 of the Directive. Having spoken about this topic at the RBA conference this week, I want to share some reflections on what good prioritisation looks like in practice and what pitfalls to avoid.
The Parliament proposal shows that many of the concerns raised through Frank Bold’s research and engagement with policymakers are now entering the legislative mainstream. But the negotiations ahead will determine whether the final framework is capable of addressing the structural weaknesses that continue to undermine trust in the sustainable investment market.
The European Commission has published its draft Delegated Regulation revising the European Sustainability Reporting Standards (ESRS). The revision follows the Omnibus I Simplification Package and is presented as a burden-reduction measure. Some of it is - but a closer reading reveals a set of changes that go well beyond simplification, departing from EFRAG's technical advice and disregarding formal recommendations from the European Supervisory Authorities. Many of these changes have significant implications for the quality and comparability of sustainability data available to the market and public.
