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.
Yesterday, on 5 November 2018, a lawsuit against the Ministry of the Environment (MoE) on liability for health damages and death of her husband from lung cancer was filed with the District Court in Prague 10. The plaintiff seeks damages for lung cancer, which she has managed to cure, but her husband has succumbed to the illness in October. The cause of the disease is seen in the long-term excessive concentration of air pollutants at their place of residence in Ostrava-Radvanice and in the fact that the MoE failed to provide effective measures to decrease the pollution to legal limit values.
The Brussels office of the public interest law firm Frank Bold is currently recruiting a Research Intern to start full-time in January 2017 for a period of four to six months.
Where has the European Commission gone beyond and where has it fallen short?
