The Netherlands: Greenpeace lawsuit puts EU anti-SLAPP Directive to the test

The Netherlands: Greenpeace lawsuit puts EU anti-SLAPP Directive to the test - Protection

In a first test case of Europe’s new legislation to protect freedom of expression and stop abusive lawsuits, Greenpeace International today challenges the US oil pipeline company Energy Transfer in court in the Netherlands. At the same time, 40 organisations across 15 European countries are urging their respective governments to transpose the EU anti-SLAPP directive into national law. 

The multi-billion dollar company Energy Transfer brought two back-to-back SLAPP suits against Greenpeace International and Greenpeace in the US after the peaceful Standing Rock protests in 2016 against the Dakota Access Pipeline. The first case was dismissed, but the Greenpeace organisations continue to defend against the second case, which is ongoing, after a North Dakota jury recently awarded over 660 million USD in damages to the pipeline giant, for showing solidarity with the Indigenous-led protest.

Activists from Greenpeace International and allies were present outside the courthouse in Amsterdam for the first procedural hearing in the case with a big banner reading “ENERGY TRANSFER, WELCOME TO the EU – WHERE FREE SPEECH IS STILL A THING”

More and more organisations, journalists, activists, human rights defenders, and members of communities across Europe are recognising SLAPPs as a threat to their freedom of speech as well as the public’s right to know. CASE (Coalition Against SLAPPs in Europe) has identified a total of 1,049 SLAPP cases brought in the period 2010 to 2023. EU member states have until 7 May 2026 to bring the directive into their national laws, but so far little progress has been made. This is why over 40 organisations in more than 15 countries have gathered today to push their respective governments in honouring the directive.

Mads Flarup Christensen, Executive Director, Greenpeace International, said:

Abusive SLAPP suits are a direct threat to freedom of speech and the right to peaceful protest. But together we will defeat this unjust tactic. The case has the potential to turn the page on intimidation lawsuits and show that corporate bullying doesn’t work. Energy Transfer is trying to silence the real story: they are making billions while polluting our planet with oil and gas.

Charlie Holt, the European lead for Global Climate Legal Defense (CliDef) and part of the Steering Committee of CASE, said:

Over a year has passed since the passage of the landmark Anti-SLAPP Directive and startlingly little progress has been made in making its protective measures a reality. Greenpeace International’s lawsuit in the Netherlands now presents Dutch courts with the first major test of the directive. In its preamble, the Directive emphasised that protection from SLAPPs filed outside of the EU was necessary to protect European democracy and safeguard human rights in the Union. If such protections cannot be invoked in a case as aggressive and transparently abusive as Energy Transfer’s, it’s hard to imagine a situation in which they would ever apply. Until we have clarity from the courts, however, European democracy will continue to remain exposed to attack by powerful private interests.

Maja Sever, President of the European Federation of Journalists (EFJ), said:

After years of negotiating legislation, it’s time to see how the EU anti-SLAPP directive will be applied in practice and to test its effectiveness in protecting public participation. Today European journalists firmly stand with Greenpeace: against the abuse of power, for freedom of expression and the right to protest. This case concerns us all.

 

Participating organisations 

Greenpeace International

CASE

Samen Sterk! Vzw

Erfpacht vzw

Legally Green

Greenpeace Belgium

Greenpeace Luxembourg

Greenpeace Spain

Greenpeace Romania

Bankwatch Romania

Greenpeace Sweden

Grad Recht

European Environmental Bureau

ClientEarth

The trade union of Journalists in Croatia

Za Zemiata

Bulgarian Biodiversity Foundation

Rettet den Regenwald (Rainforest Rescue)

European Federation of Journalists (EFJ)

Asociatia EcoLegal

Free Press Unlimited (FPU)

Index on Censorship

Global Climate Legal Defense

The Good Lobby Italy

The Daphne Caruana Galizia Foundation

Bulgarian Anti-SLAPP Working Group

Belgium Anti-SLAPP Working Group

Polish Anti-SLAPP Working Group

FIBGAR – Baltasar Garzon International Foundation

Foundation Atelier for Community Transformation ACT BiH

CeRe – The Resource Center for Public Participation

Oil Change International

Civic Initiatives

ARTICLE 19 Europe

Xnet – Institute for Democratic Digitalisation

Osservatorio Balcani Caucaso Transeuropa (OBCT)

Global Witness

FragDenStaat

Reporter ohne Grenzen

Center for Spatial Justice

FADA Collective

dju – German Union of Journalists

Fridays for Future Germany