ESG Enforcement Tracker

Key facts:

In March 2024, the Amsterdam District Court (Rechtspraak Amsterdam) decided that KLM’s marketing claims in 15 advertisements amounted to unfair and misleading commercial practice. This decision followed a decision in April 2022 by the Dutch Advertising Code Committee which had found the same, prompting a class action lawsuit initiated by Fossielvrij (Fossil Free).

The District Court ruled in favour of Fossielvrij on the basis that KLM had misled customers on the sustainability of travel with the airline, following the use of advertising that had focused on “sustainable aviation fuel” and “reforestation” (variously described as ‘campaigns’ and ‘products’), and the airline’s own ability to meet its sustainability targets as set out in its advertising.

The court emphasised that the campaigns/products had left a misleading impression of the potential impact of consumer action would have in reducing the CO₂ emissions and other negative environmental aspects of flying, particularly in the light of the uncertain factors in play in environmental claims.

However, the court did not order the remedies sought by Fossielvrij, including warning text to advertisements and rectification notices to customers. The adverts had already ceased to be circulated before the judgment. The judgment and press release, however, emphasise that any future statements around commitments to CO₂ reduction (or other Paris Climate Change targets) must be honest and substantiated, as compared to their previous advertisements which were not concrete, measurable and specific.

It stopped short of an injunction on publication of similar expressions, due to the chilling effect it might have on KLM’s freedom of expression (Article 10 of the European Convention on Human Rights).