Milieudefensie vs. Shell. O sobre las nuevas formas de la justicia (Milieudefensie vs. Shell. Or on
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APPLIED workshop
On October 23rd Jos Hoevenaars joined an international group of experts in a workshop organized by the researchers of the Assessing Collective Private Parties’ Litigation in the Economy of Data (APPLIED) project. It aims to explore the evolving landscape of data protection litigation within the EU, focusing on the effectiveness of collective private enforcement (CPE). The workshop’s goal was to connect the relevant debates in the field of collective redress and data protection law, as well as explore how they relate to issues of private enforcement in the emerging fields of platform and data law. It brought together academics working in various fields surrounding collective data protection litigation in the EU. Jos was asked to comment on the project design and preliminary findings as well as provide reflections based on his expertise around the funding of collective actions.
More on the APPLIED project can be found here.
Published: October 4, 2021
In this paper, Carlota Ucín analyzes the recent case “Milieudefensie vs. Shell”. The decision adopted in the first instance condemned the company to achieve a net reduction of at least 45% of emissions by 2030, taking as a reference the values of 2019. This particular form of Public Interest Litigation, oriented to mitigate climate change, imposes new ways of understanding law and jurisdiction. In this sense, the ruling highlights an expansive interpretation of the content of human rights, used in the case as an interpretive key for the precision of state and private obligations.