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National carrier KLM acted illegally when it claimed customers could “fly sustainably”, a Dutch court has ruled, in a victory for climate activists relying on European consumer protection regulations to combat “greenwashing”.
It is the latest in a series of rulings covering everything from “net zero” Swedish milk, “climate neutral” German heating oil and “carbon neutral” Austrian Airlines flights, all of which have broken fair advertising rules in various jurisdictions around the world. Europe. French energy company TotalEnergies is struggling to defend its claim that it aims to reach net-zero emissions by 2050.
KLM painted an “overly rosy picture” of the impacts of sustainable aviation fuel or reforestation projects, which customers were given the opportunity to pay for alongside the flights, an Amsterdam court said on Wednesday.
The aviation industry, responsible for at least 2 percent of global carbon dioxide emissions and up to 5 percent when the release of other gases and vapors is included, faces increasing challenges over its climate impact in Europe, the fastest warming continent.
KLM's claim that it was committed to the goals of the 2015 Paris Climate Agreement was among the statements deemed “misleading and therefore unlawful” by the court.
“This ruling is nothing less than a wake-up call to heavy-polluting industries and companies trying to sell the image of adhering to the Paris climate goals without having plans to get there,” said Jonny White, a lawyer at Client Earth. Which supported the lawsuit brought by the campaign groups Fossielvrij and Reclame Fossielvrij against KLM.
White said the KLM ruling could inspire green campaign groups to pursue cases under consumer law in other jurisdictions, because bans on misleading commercial statements to consumers exist “all over the world” including the US, UK and Australia.
The court said that KLM, which stopped running the ads in question before the ruling, must pay Fossielvrij's costs and communicate its efforts to reduce emissions “openly and concretely” in the future.
“We consider awareness and communication of sustainability objectives, activities and dilemmas to be essential,” the airline said, adding that it was “considering” the ruling.
But Ben Smith, chief executive of Air France-KLM, rejected the suggestion that the airline was deliberately misleading about its green credentials. “We are not greenwashing,” he told reporters in Brussels, as news of the ruling emerged during an industry conference.
European airline bosses claimed climate rules in the region risk weakening the sector and giving an advantage to global rivals, as they called for more support from governments to help decarbonise.
Industry opposition at the Airlines for Europe conference this week represents some of its strongest resistance to more climate rules in the bloc's countries, to potential carbon taxes and looming requirements to blend jet fuel with a growing portion of expensive biofuels in short supply. . Jet fuel is currently tax-exempt.
“We are at high risk of being left behind in Europe,” said Carsten Spohr, Lufthansa CEO.
The EU plans to set bloc-wide standards to protect consumers from greenwashing allegations, which have not yet been approved by member states.
Airlines have committed to reaching net zero by 2050, but the availability and cost of the clean fuel they target depends on how much this is at risk.
Luis Gallego, CEO of British Airways owner IAG, said the EU needed to find a “balanced” policy to “enable the successful transformation of the industry while maintaining its economic competitiveness.”
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Meanwhile, 17 airlines operating in Europe are still facing a regulatory complaint over misleading climate-related claims, which European consumer advocacy group BEUC submitted to the European Commission and a network of authorities last year.
“The court’s decision recognizes that green aviation is a myth and represents a turning point for consumer protection against misleading aviation advertising,” said Dimitri Vergne, Head of Energy and Sustainability at BEUC. He said other airlines should take the decision as a “strong warning sign.”
Additional reporting by Alice Hancock
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