Climate litigation cases are filed worldwide. Young people and environmental nongovernmental organizations (NGOs) are active in this field. The number of climate lawsuits is growing, and plaintiffs have prevailed in a notable number of cases. In Europe, there are historical climate litigation cases brought about by youth activist groups and NGOs. However, the Court of Justice of the European Union (CJEU) has not yet recognized the legal standing of individuals or NGOs, based on the Plaumann judgment. This article is to show possibilities and necessities for the change of the Plaumann judgment. First, it examines whether the EUʼs legal order has established a complete system of legal remedies and procedures. Second, I question whether the Plaumann judgment is absolute established case law. Third, I raise a question about the adherence to the Plaumann judgment from the viewpoint of the EUʼs accountability towards the EU citizens.
Yumiko Nakanishi (Thu,) studied this question.