Mapping the Transformative Potential of KlimaSeniorinnen: Evolving Patterns in European Climate Litigation

This chapter examines the transformative potential of the European Court of Human Rights’ judgment in Verein KlimaSeniorinnen Schweiz and Others v. Switzerland on climate litigation across Europe. Through comparative analysis of pending cases in multiple jurisdictions, the research maps how this landmark decision is influencing legal arguments and judicial approaches to climate governance. The study encompasses the Swiss institutional response, cases before constitutional courts in Germany, Spain, and the Czech Republic, and proceedings in ordinary courts across several European countries. By analyzing how litigants are incorporating the judgment’s innovations regarding standing, scientific evidence interpretation, and judicial review parameters into ongoing litigation, the article identifies emerging patterns in European climate jurisprudence. The research reveals both catalytic opportunities for strengthened rights-based climate protection and institutional challenges to the judgment’s implementation.