Peters & Peters

ESG Enforcement Tracker

Charting the rise of criminal and regulatory enforcement

Amsterdam court finds KLM environmental claims to be misleading

Date:
6 July 2022
Relevant legislation/regulation:
EU Unfair Commercial Practices Directive implemented in Dutch law through the Unfair Commercial Practices Act in the Dutch Civil Code
Jurisdiction:
Netherlands
Status:
Closed
Regulator/enforcement authority:
Civil case – NGO
ESG Category:
Environmental
Defendant(s)/subjects(s):
Royal Airline N.V (KLM)

Key Facts:

In July 2022, the Dutch Foundation to Promote the Fossil-Free Movement (Fossielvrij), filed a class action lawsuit against Royal Dutch Airline (KLM) in the Amsterdam District Court.

Fossielvrij claimed that KLM was engaging in ‘greenwashing’ by making misleading statements about the environmental benefits of flying with KLM and giving the impression that KLM’s activities were more environmentally friendly than they really were. Fossielvrij argued that KLM had also overemphasised the impact of sustainable aviation fuels and reforestation, which had added to the false impression that flying with KLM was sustainable.

Fossielvrij raised concerns about 19 separate advertising statements made by KLM.

The Amsterdam District Court heard the trial of the complaints and handed down judgment in March 2024. It found that 15 of the 19 statements complained about were misleading and violated the Dutch Unfair Commercial Practices Act.

Sources: 

Amsterdam District Court judgment (machine translated) and ClientEarth press release

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