The Dutch leading scientific journal Maandblad voor Ondernemingsrecht published an article on ESG litigation written by a member of the Loyens & Loeff litigation team.
Environmental, social and governance (ESG)-related legislation is rapidly approaching companies. An important part of this is the Corporate Sustainability Reporting Directive (CSRD), the European directive relating to sustainability reporting by companies. The article deals with ESG litigation with respect to the CSRD and the newly adopted standards for sustainability reporting and how these standards can become the subject of dispute in the annual accounts proceedings.
The CSRD and standards for sustainability reporting lead to a significant expansion of reporting requirements. In the article, it is argued that the CSRD offers a new starting point for ESG litigation. The annual accounts proceedings at the Dutch Enterprise Chamber appear to be a logical legal entry point for ESG litigation on sustainability reporting in the Netherlands. Through annual accounts proceedings, stakeholders and the Financial Market Authority can request the Enterprise Chamber to order a company to issue an order to amend the management report. The annual accounts procedure can thus play an important role in ESG litigation on sustainability reporting.
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