Fossil fuel advertising ban in The Hague upheld by court

The ban on fossil fuel-related advertising in the municipality of The Hague in The Netherlands will remain in force. This follows a ruling in summary proceedings by the District Court of The Hague. The travel industry had argued that the ban violated the Dutch Constitution and European legislation, but the judge ruled otherwise, rejecting the industry’s claims.

In September 2024, the city council of The Hague voted to introduce a ban on public space advertisements promoting fossil fuels, airline holidays, flight tickets, grey energy contracts, gas contracts, cruise holidays, and cars powered by fossil fuels or hybrid engines. The aim of the ban is to protect public health, reduce the negative impacts of climate change, and improve the environment. The ban came into effect on January 1, 2025, and enforcement is scheduled to begin after May 1, 2025.

The industry association ANVR and travel companies such as TUI, D-Reizen, and Prijsvrij.nl argued that the ban infringes upon the right to freedom of expression and breaches European regulations. They sought to have the ban suspended through court proceedings.

The court emphasised that municipalities have considerable discretion in adopting policies they deem beneficial for their citizens. These decisions are made democratically after debate within the city council, and civil courts must be cautious when intervening. Judicial intervention is only warranted when it is clear that the municipality has made an evidently wrongful or unlawful decision. In this case, the court found no such evidence.

The judge ruled that the municipality was within its rights to implement the advertising ban. The city sufficiently demonstrated that the measure would contribute to safeguarding the health of residents and visitors and help mitigate the adverse effects of climate change.

Furthermore, the court concluded that the ban does not violate the constitutional right to freedom of expression. Commercial advertising is not protected under freedom of expression in the same way as other forms of speech. The advertisements from the travel companies were deemed to be commercial in nature, intended to sell travel products for profit.

Finally, the court determined that the advertising ban does not breach European law. The same rules apply to both national and international businesses operating in The Hague, meaning there is no unlawful discrimination. Additionally, the judge pointed out that the travel industry remains free to advertise non-fossil-related travel options or promote their brand name and logo in public spaces. Advertising through other channels like radio, television, and the internet also remains unaffected.

As a result, the claims by the ANVR and the travel companies were dismissed.

Source: rechtspraak.nl