The first step has been taken: Milieudefensie declared admissible in climate case against ING

On 9 September 2026, the Amsterdam District Court delivered an interlocutory judgment in the climate case brought by Milieudefensie against ING Groep and ING Bank. The court ruled that Milieudefensie is admissible in its collective claims. This marks the clearing of an important procedural hurdle. However, it concerns an interlocutory judgment; no decision has yet been made on the merits of the case.

This case is part of a broader trend: in addition to fossil fuel producers, parties that facilitate these activities, such as financial institutions, are increasingly being held accountable for their climate responsibility. The admissibility ruling confirms that financial institutions may increasingly become the target of climate-related claims.

Background

Milieudefensie has brought a collective action against ING, in which Milieudefensie acts as representative for the interests of current and future generations of Dutch citizens. The core question is whether ING, as a bank, bears an independent responsibility to contribute to limiting global warming to the 1.5°C threshold set out in the Paris Agreement.

The court’s assessment

The judgment deals exclusively with the admissibility requirements. The court established, inter alia, that:

• the interests for which Milieudefensie acts are sufficiently similar (Article 3:305a(1) of the Dutch Civil Code);
• the articles of association of Milieudefensie correspond with those interests (Article 3:305a(1) of the Dutch Civil Code);
• Milieudefensie is sufficiently representative, having regard to its track record, partnerships and more than 100,000 members (Article 3:305a(1) and (2) of the Dutch Civil Code).

ING had argued, inter alia, that Milieudefensie should be declared inadmissible because granting the claims would not lead to actual emission reductions. The court ruled that this requires a substantive assessment which goes beyond the scope of the admissibility question.

Next steps

The case will proceed with a written round: the statement of reply is due on 2 December 2026, followed by the rejoinder on 3 March 2027. The hearing is scheduled for the second half of the second quarter of 2027. We are closely monitoring this case and will share further updates as they become available.