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.
After three months of rushed decision-making, the European Commission presented its Omnibus Simplification Package and proposed major rollbacks to the EU’s corporate sustainability legislation, threatening to undermine Europe's leadership in sustainable business practices and ESG reporting.
With the latest leaks, it is becoming clearer and clearer that President Ursula von der Leyen and Commissioner Valdis Dombrovskis are willing to sacrifice the very foundations of the EU’s ESG legislation all whilst bypassing the due legislative process.
The expert group Frank Bold, along with Greenpeace and Friends of the Earth, has submitted a complaint to the European Commission regarding the actions of Czech authorities in setting emission limits for the Počerady coal power plant. In August 2024, a court revoked the plant's extensive emission limits derogation, and authorities were required to immediately reflect this decision in its operating permit. However, this has not yet happened. As a result, the power plant is currently violating the legal limit for mercury emissions. The complainants are calling on the Commission to investigate whether the Czech Republic’s approach to Počerady is in breach of the EU Industrial Emissions Directive (IED).
