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Climate litigation in Spain: Law 7/2021, Paris Agreement and corporate liability
Climate litigation arrives in Spain. We analyse available legal grounds: Law 7/2021 on climate change, Paris Agreement, EU Taxonomy Regulation, CSDDD and the ECHR Duarte Agostinho case as European precedent.
Table of contents
Climate litigation: the new judicial front
Climate litigation arrives in Spain with Law 7/2021 on climate change and energy transition as a new national legal ground, complemented by the Paris Agreement and EU Taxonomy Regulation.
Available legal grounds
- Law 7/2021: establishes climate neutrality targets and obligations for large companies
- CSDDD (Directive 2024/1760): sustainability due diligence for companies with >500 employees
- Taxonomy Regulation (EU) 2020/852: green labelling with liability for greenwashing
- Art. 1902 Cc + ECHR: precedent Duarte Agostinho v. Portugal & 32 States (2024)
The Duarte Agostinho precedent
The ECHR declared in 2024 that States have positive obligations under Art. 8 ECHR (private and family life) regarding climate change. Although inadmissible on the merits for failure to exhaust domestic remedies, it provides a basis for national litigation.
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