Greenpeace Netherlands has today started a lawsuit against the government to withdraw state aid to KLM, because it violates the duty of care. The Dutch state has not complied with Greenpeace's requirements to link binding climate conditions to the € 3,4 billion that is going to KLM.
The court in The Hague will decide in summary proceedings on November 18 whether the billion-dollar support should be discontinued. Greenpeace Netherlands writes in the summons that the € 3,4 billion in state aid for KLM is in violation of the European Convention on Human Rights. Earlier, in the Urgenda judgment, the Supreme Court confirmed that the state has a strong duty of care to protect citizens against the dangerous consequences of climate change. 

'Green requirements' are old and soft
'The' green requirements' that the government sets for support for KLM are as soft as butter and for the stage. They are non-committal and KLM has already committed to this in the Sustainable Aviation Design Agreement. KLM is not as green as it appears. The government allows KLM to continue to pollute as it currently stands, where it requires other companies to reduce CO2 emissions. It is unacceptable that an exception is made for such a major polluter. We must stop that as soon as possible with this preliminary relief proceedings; climate conditions are indispensable ', says Dewi Zloch, Climate and Energy expert at Greenpeace.

Climate commitments of the state
Greenpeace demands that the government imposes a maximum of CO2 emissions on KLM. 'That must then decrease every year, in line with the Paris Climate Agreement, so that the major polluter emits less every year. Without stricter measures, CO2 emissions from Dutch aviation will increase. The number of flights will therefore have to be reduced considerably. Starting with the scrapping of short-haul flights below a thousand kilometers. Several planes leave for Brussels and Paris every day. That is unacceptable at a time when we are confronted with the consequences of climate change every day, 'says Zloch.

The aid to KLM is in violation of the state's treaty climate obligations, as described in the Urgenda judgment and the Paris Climate Agreement. It is not a matter of policy discretion, but of compliance with a legal obligation. It is therefore not the case that the judge takes the place of politics. If the court rules in favor of Greenpeace, the state can freely determine how it will comply with the decision and give substance to it.

Future-proof
“We have to build a sustainable economy together. There will soon be no future for companies that do not 'green'. This also applies to KLM and the government can help the company with binding climate conditions. We want to emerge future-proof from this corona crisis, so that there is certainty for employees in the short and long term. KLM will have to reduce CO2 emissions step by step. Money, time and attention must be paid to the employees to gradually guide them to another job. The government can help employees with a fair support package. It is now increasingly clear that the billions from the € 3,4 billion support package will go to kerosene and lease companies and will not benefit the staff. They have just been told that thousands of jobs will be lost, despite the fact that KLM has already received more than € 330 million in subsidies from the government for wage costs for the months of March, April and May from the NOW scheme.

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