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29 Jan 2024

Netherlands: NGO Milieudefensie to initiate legal proceedings against ING Bank over breach of "duty of care" in its climate policy

On 19 January 2024, Dutch NGO Milieudefensie (Friends of the Earth Netherlands) announced its legal action against ING, Netherland's largest bank, in a Dutch court, citing the bank's inadequate climate policy. The NGO accuses ING of breaching its "duty of care" by supporting major polluters contributing to climate change.

In this legal action, the NGO has outlined several demands, aiming to compel ING to reduce its CO2 emissions, align its policies with the Paris Agreement, and cut ties with polluting companies.

The bank has eight weeks to respond to the letter of claims sent by the NGO to ING's board of directors as part of the requirements to be fulfilled before filing a civil lawsuit in the Netherlands.

In reaction to the letter, ING issued a statement in which it says: "We are confident that we take impactful action to fight climate change and sustainability is part of our overall strategic direction. We will of course respond in court if necessary."

Milieudefensie's move follows the NGO's previous successful case against Shell, where the Dutch court validated the NGO's arguments stating that Dutch law required Shell to align its business with the Paris Agreement objectives under the law’s “duty of care” obligation.

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