France's highest court orders government to enforce a four-year-old law banning fossil fuel ads within six months.
France's highest court orders decree
France's Council of State, the highest administrative court, has ordered the government to publish an implementing decree within six months to enforce a law banning fossil fuel advertising. This law, part of the Climate and Resilience Act of 2022, was passed four years ago but has not been fully implemented due to the lack of a detailed decree.The law targets fossil fuels
The law theoretically bans promoting oil, gas, coal, and carbon hydrogen. However, it does not apply to goods and services that rely on these fuels, such as internal combustion vehicles or cruises. This distinction has raised concerns among environmental groups about the law's effectiveness.Court dismisses government's concerns
The government had previously delayed the decree, citing concerns about freedom of expression and property rights. However, the Council of State ruled that these arguments were not valid and ordered the government to act. The court found the delay unjustified and potentially a disguised refusal to implement the law.Legal consequences for non-compliance
Once the decree is published, individuals and companies that violate the advertising ban could face fines of up to 20,000 euros and 100,000 euros respectively. The fines could also be based on the total amount spent on illegal advertising campaigns. This adds a legal weight to the enforcement of the law.Environmental group initiates the lawsuit
The lawsuit was filed by the association Resistance to Advertising Aggression, which argued that the government's inaction was a refusal to implement the law. The court agreed, highlighting a gap between legislative passage and practical implementation.Public consultation did not prevent delay
Despite a public consultation on the draft decree in the summer of 2023, the government did not proceed with the implementation. If the government meets the deadline, fossil fuel advertisements across various media could disappear in the coming months, though the law's limitations remain a point of contention.
