ESG Enforcement Tracker

Key facts:

In July 2022, the Dutch Foundation to Promote the Fossil-Free Movement (Fossielvrij), filed a class action lawsuit against Royal Dutch Airline (KLM) in the Amsterdam District Court.

Fossielvrij claimed that KLM was engaging in ‘greenwashing’ by making misleading statements about the environmental benefits of flying with KLM and giving the impression that KLM’s activities were more environmentally friendly than they really were. Fossielvrij argued that KLM had also overemphasised the impact of sustainable aviation fuels and reforestation, which had added to the false impression that flying with KLM was sustainable.

Fossielvrij raised concerns about 19 separate advertising statements made by KLM.

The Amsterdam District Court heard the trial of the complaints and handed down judgment in March 2024. It found that 15 of the 19 statements complained about were misleading and violated the Dutch Unfair Commercial Practices Act.