From Strasbourg to Luxembourg? The KlimaSeniorinnen Judgment and EU Remedies

Piet Eeckhout (author)

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Title	From Strasbourg to Luxembourg?
Subtitle	The KlimaSeniorinnen Judgment and EU Remedies
Contributor	Piet Eeckhout (author)
DOI	https://doi.org/10.59704/bc340a914f6156b0
Landing page	https://verfassungsblog.de/from-strasbourg-to-luxembourg/
License	https://creativecommons.org/licenses/by-sa/4.0/
Publisher	Verfassungsblog
Published on	2025-09-09
Long abstract	KlimaSeniorinnen has established a remedy which, in EU law, is not easy to locate and may actually be unavailable in light of restrictive CJEU case law. Whatever one's views on this restrictive case law, it is a fact that the EU Charter of Fundamental Rights now obliges the CJEU to do as much as it can to accommodate the KlimaSeniorinnen remedy and to interpret the relevant TFEU provisions flexibly. One may assume that, sooner or later, the CJEU will be confronted with a KlimaSeniorinnen claim. If the CJEU were to declare such a claim inadmissible, it will put itself in the corner of courts refusing to engage with climate change policies. That would be unfortunate for a court that has long been at the forefront of legal progress.
Language	English (Original)

KlimaSeniorinnen has established a remedy which, in EU law, is not easy to locate and may actually be unavailable in light of restrictive CJEU case law. Whatever one's views on this restrictive case law, it is a fact that the EU Charter of Fundamental Rights now obliges the CJEU to do as much as it can to accommodate the KlimaSeniorinnen remedy and to interpret the relevant TFEU provisions flexibly. One may assume that, sooner or later, the CJEU will be confronted with a KlimaSeniorinnen claim. If the CJEU were to declare such a claim inadmissible, it will put itself in the corner of courts refusing to engage with climate change policies. That would be unfortunate for a court that has long been at the forefront of legal progress.