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Climate case
at the highest

court: Mex is
acting for
all of us

CLAW – Climate Law | Initiative für Klimarecht

A legal system that harms the climate, infringes fundamental rights and damages the economy is not fit for our future

Climate-damaging behaviour is promoted with subsidies
Climate targets are not binding
Climate protection is not sufficiently anchored in the law
No laws exist to ensure rights to climate protection and and to a healthy environment

We need climate lawsuits

Collective empowerment against climate-damaging behaviour and for climate-friendly measures

Example: Climate Lawsuit URGENDA (NL)

The state was made to increase its CO2 reduction targets (from 20 to 25%). The government took several measures to put the ruling into force:

  • Closure of a coal-fired power plant

  • Reduction of the upper speed limit on motorways

  • Introduction of several subsidy programs to support renewable energies and energy efficiency measures

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<p><strong>Collective empowerment against</strong> climate-damaging behaviour and for <strong>climate-friendly measures</strong></p>
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Example: Climate lawsuit Neubauer (DE)

In response to the ruling, the federal legislature passed an amended climate protection law that requires a reduction of greenhouse gas emissions by at least 65% by 2030 compared to 1990 levels. It has been in force since 31 August 2021.

CLAW creates framework conditions for climate lawsuits

  • We utilize law as a tool to drive systemic change
  • Because law shapes reality
  • This makes climate-friendly behavior intuitive, simple, and cost-effective
We create the organizational, communicative and financial basis for climate lawsuits
We drive systemic change rather than shifting responsibility to individuals
We show what rules and laws have to look like for a future worth living

Recap

  1. First Austrian Climate Lawsuit
    against climate-damaging tax exemptions for international flights and kerosene (VfGH)
    conducted by M. Krömer with Greenpeace Austria
  2. European Climate Lawsuit #MEX
    against the violation of fundamental rights caused by state inaction regarding the climate crisis (ECtHR)
    conducted by M. Krömer with Fridays For Future Austria supported by Urgenda Litigation Network
  3. Austrian Climate Lawsuit 2.0
    Reply to the rejection of the first climate lawsuit, mainly concerning the lack of complaint procedures
    conducted by M. Krömer

Status quo

  1. Austrian generational lawsuit
    Twelve children and young people file a complaint with the Constitutional Court against the inadequate climate protection law. The second trial is currently underway.
    conducted by M. Krömer with Fridays For Future Austria
  2. EU taxonomy climate lawsuit
    Challenging the award of a "green" label for aviation and shipping by the European Commission.
    conducted by five European NGOs including CLAW
  3. Photovoltaics climate lawsuit
    Challenging the protection zone ordinance in Lower Austria in interest of the energy transition.
    conducted by Michaela Krömer
  4. Farmers vs. soil sealing
    Against soil sealing and for the protection of high-quality soils. Participation in the environmental impact assessment for the “B68Neu” on behalf of individual farmers and the environmental organization Verkehrswende.at
    conducted by Michaela Krömer
 

Team

Mag.a Michaela Krömer LL.M.

Mag.a Michaela Krömer LL.M.

Attorney at law for climate, environmental and constitutional law

Chairwoman and founder

"Austria's most prominent climate lawyer" Falter 22/2021

Fundamental Rights Award awarded by the League for Human Rights (2021)

Initiator of the first climate change lawsuits in front of the ECtHR for Human Rights and the Austrian Constitutional Court

Mag. Florian Graber LL.M.

Mag. Florian Graber LL.M.

Climate & environmental lawyer


Expert in environmental and climate law

bar exam

LL.M in Global Environment and Climate Change Law

PhD student at JKU Linz.

Mag. (FH) Simon Schupp

Mag. (FH) Simon Schupp

Business management and partnerships


Entrepreneur with focus on company building & business development

Ex-Corporate Manager & Expert for New Mobility

Klara König

Klara König

Communication & Public Relations


Bachelor in Psychology

Press spokesperson for Fridays For Future Austria

Experience in press relations, strategic communication and campaign planning

Annalena Sommer

Annalena Sommer

Philanthropy Associate

 

MSc. (Business and Consumer) Psychology

Master's student in Environmental Studies & Sustainability Science in Lund (Sweden)

Experience in digital marketing, project development and fundraising

Advisory Board

Miriam Saage-Maaß

Miriam Saage-Maaß

Lawyer & Legal Director (ECCHR)

Specializes in business and human rights. Conducts criminal proceedings against executives for international crimes and regularly publishes on corporate responsibility and human rights. Awarded the Hans Litten Prize 2016. Member of the Advisory Board of the Bonavero Human Rights Institute and CorA Network.

Femke Bartels

Femke Bartels

Global Managing Director & Partner, THNK School of Creative Leadership

Femke Bartels has dedicated her career to bringing about the change needed for a just and sustainable world.

She has worked in government, politics and has held several global roles at Greenpeace.

Gernot Wagner

Gernot Wagner

Climate Economist & Senior Lecturer, Columbia Business School

Gernot Wagner is an Austrian American economist and author. He has taught and conducted research at Columbia Business School since 2022, working at New York University and Harvard University before that.

He co- authored “Climate Shock”, the Science Book of the Year 2017, with Martin L. Weitzman.

Lotte Leicht

Lotte Leicht

Advocacy Director, Climate Rights International

Lotte Leicht is a Danish jurist who specializes in international human rights and humanitarian law, international criminal law, justice for serious international crimes, and in international advocacy. She serves on the Heinrich Boell Foundation ́s North-South advisory board, and she is serving on the Foundation ́s membership board. She also serves on the board of the Danish Institute Against Torture (Dignity). Lotte Leicht was Human Rights Watch’s European Union Director from 1994 to 2021.

Sébastien Jodoin

Sébastien Jodoin

Ass. Prof. & Canada Research Chair in Human Rights, Health, and Environment

Founding Director of the Disability-Inclusive Climate Action Research Program, a ground-breaking initiative to generate, co-produce, and implement knowledge at the intersections of disability and climate justice. His work in the field of climate change has been cited by the Intergovernmental Panel on Climate Change and the Office of the High Commissioner for Human Rights.

Sony Kapoor

Sony Kapoor

Professor, European University Institute
CEO, Nordic Institute for Finance, Technology and Sustainability

Sony Kapoor is an influential macroeconomist, finance expert, development specialist and sustainability adviser with a long track-record of successfully tackling policy, business, and societal challenges. He is CEO of the Nordic Institute for Finance, Technology & Sustainability, Professor of Climate, Geoeconomics & Finance at the European University Institute, Chief Economist for Worthwhile Capital Partners and a Senior Fellow in Sustainable Macro-finance at E3G. He Chairs Re-Define, is a Trustee of Friends of Europe, and sits on several other boards.

Philipp Blom

Philipp Blom

Writer and historian

Philipp Blom studied philosophy, history and Jewish studies in Vienna and Oxford. He writes regularly for European and American magazines and newspapers. Numerous awards, including a fellowship at the Getty Research Institute in Los Angeles, the PremisInternacionals Terenci Moix, and the German Nonfiction Prize. His most recent publication is "Die Unterwerfung. Anfang und Ende der menschlichen Herrschaft über die Natur" (Hanser, 2022).

Prof. Dr. Stefan Perner

Prof. Dr. Stefan Perner

Head of Department Private Law at the Vienna University of Economics and Business

Stefan Perner is the Head of the Department of Private Law at the Vienna University of Economics and Business (WU Wien). His research focuses on contract law, European private law, as well as banking and insurance law. He has received numerous awards for his research and teaching. In recent years, he has laid the focus of his academic work on the interplay of Private Law and Climate Crisis.

Two pillars
for maximum success

Create communicative and financial foundations to enable climate lawsuits and activities

association

Commissioning and financing of strategic climate processes

Advising and litigating in the area of climate law in order to implement the necessary transformation process

non-profit law firm
(in planning)

Smart start. 

Big impact.


Why Austria?

  • Potential for role model climate cases due to system deficits
  • Legal protection deficits as basis for bringing cases to the European level
  • Austria falls very short of greenhouse gas reduction targets
  • Successful climate lawsuits in Austria as basis for a dynamic process of change in Europe (analogous to Urgenda NL)

 

Why CLAW?

  • Proof of concept based on previous climate lawsuits
  • Enforced, legal proceedings instead of opportunistic announcements
  • Legal work instead of activist campaigns
  • ROCE (Return on Climate & Environment) instead of ROI (Return on Investment)
  • Clear mission with principles based on problems/solutions/results.

Support makes
the difference

Support

  • To enable climate lawsuits actively and successfully
  • To proactively help shape the legal system of the future
  • To build a powerful team and structures

There is a world where the most climate-friendly behaviour feelsintuitive, easy and is the cheapest option.

Join us!

CLAW - initiative for climate justice
IBAN AT05 2011 1845 7393 7100

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