Two environmental NGOs, together with 1.330 Brussels citizens, initiated proceedings against the Brussels-Capital Region (BCR) for failing to implement an adequate climate adaptation policy that protect its inhabitants from the effects of climate change, thereby breaching the general duty of care (Art. 6.5 of the Belgian Civil Code). The case primarily revolved around the region\u2019s planning instruments, most notably the regional land-use plan, and their role in avoiding soil sealing, which is essential for climate adaptation. An additional concern was the lack of accurate estimates about the capacity of natural carbon sinks. Several international and European norms were used to specify the general duty of care against which these instruments were tested.<\/p>\n\n\n\n
The applicants referred i.a. to the Kyoto protocol, the Paris Agreement as well as various decisions by the Conference of the Parties to the UN Framework Convention on Climate Change. The BCR contended that the obligations and objectives stemming from these instruments were not sufficiently precise to be used in this case. The Tribunal disagreed. First, it listed the different obligations \u2013 such as adopting adaptation measures \u2013 arising from these instruments, and which are binding on the Belgian State. Although these instruments may not directly impose obligations on the BCR, they nevertheless reflect a broad political consensus. As such, they are adequate to determine the minimal due diligence requirements in the face of a severe threat to the environment, goods and safety of the Brussels citizens. Consequently, notwithstanding its large measure of discretion, any public authority that fails to take reasonable account of the requirements from international \u2013 and European \u2013 law cannot be considered as a normally prudent and diligent public authority. The Tribunal therefore concluded that it could consider these norms when assessing the actions (or lack thereof) of the BCR. It ultimately sided with the applicants and ruled that the BCR violated the duty of care by failing to take sufficient measures to maintain and reinforce the absorption capacity of its natural carbon sinks. The Tribunal ordered that the BCR must take all necessary measures to temporarily suspend any construction on currently undeveloped sites larger than 0,5 ha until the revision of the regional land-use plan has been completed, or latest until 31 December 2026. The Brussels government appealed decision.<\/p>\n\n\n\n