The EU Taxonomy is a classification system for establishing investments that are environmentally sustainable: it defines criteria for economic activities that are aligned with a net zero trajectory by 2050 and broader environmental goals other than climate. That brings with it the risk of greenwashing and stranded assets where activities which are not aligned with a net zero trajectory are included within the Taxonomy and thereby given a ‘green’ label.

The case challenges the European Commission’s decision to include certain conventional fossil-fuel aircraft and LNG-powered ships in the EU Taxonomy on the basis that it does not comply with the strict requirements of the Taxonomy Regulation for labelling activities as sustainable. The case is brought by a coalition of NGOs: Dryade, Protect Our Winters Austria, and Fossielvrij NL, with legal support by Opportunity Green and CLAW - Initiative für Klimarecht.

Esther is appearing for the Applicants led by Tim Johnston of Brick Court Chambers and instructed by Fred Logue of Fred Logue LLP.