NETHERLANDS Trends and Developments Contributed by: Davine Roessingh, Sebastian Hinse and Tom van der Rijt, De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek Burgerweeshuispad 201 1076 GR Amsterdam The Netherlands
Tel: +31 20 577 1771 Fax: +31 20 577 1775 Email: Info@debrauw.com Web: www.debrauw.com
Key Themes for 2026 In our Trends and Developments contribution in 2025, we focused on the impact that legal questions on cli - mate change might have on Dutch corporate law. Now, in 2026, after years of considerable tailwind, climate regulation and climate mitigation policies are encountering even more headwinds than predicted, based on developments in 2025. International scien - tific consensus on the severe physical consequences of climate change is in most contexts not in dispute despite these headwinds. The UN Emissions Gap Report of 2025 confirms that current policies are insufficient to meet the goals of the Paris Agreement. While the long-term costs of adapting to higher tem - peratures are generally considered to be higher than the near-term costs of reducing emissions, near-term geopolitical pressures continue to slow action. Legislators are in the midst of determining what an appropriate response is. They are shaping effective and economy-wide responses, while simultaneously balancing various other societal, economic and geo - political interests. Both proponents and opponents of more stringent climate obligations seek to influence, interfere in, or circumvent the legislative process. They do so by, among other things, turning to the courts. From the many proceedings launched over the past 12 months, it is safe to conclude that the Netherlands is widely regarded by NGOs as an attractive forum in which climate policies can be put to the test. In this contribution and against this background, we discuss three interlocking dynamics that define the Dutch climate landscape in 2026:
• government policy under pressure; • corporate behaviour in adopting climate policies; and • NGO-led litigation. Government Climate Policy Under Pressure The ambitions and associated obligations for States stemming from the Paris Agreement have been pro - gressively sharpened by the international courts. In its KlimaSeniorinnen judgment of 2024, the European Court of Human Rights confirmed that States have a positive obligation to adopt climate mitigation meas - ures. In July 2025, the International Court of Justice published an Advisory Opinion setting out that States have an obligation to protect the climate system under international law. The UN General Assembly’s subse - quent resolution of May 2026 urges States to imple - ment measures to achieve the 1.5°C target, while rec - ognising different national circumstances. In climate cases against States, however, courts at the same time continue to emphasise the wide margin of discre - tion for States as to which measures to adopt to reach climate targets. The aim therefore appears to be no longer in debate; but the method remains for States to determine. Against this background, the Dutch State faces three notable challenges. First, the Netherlands is currently not on track to achieve its 2030 emissions reduction target of 55%. Annual assessments by the Netherlands Environ - mental Assessment Agency and the Council of State conclude that progress is insufficient, as the current
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