In a first, landmark test case of the European Union'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.[1] The multi-billion dollar company brought two back-to-back SLAPP suits against Greenpeace International and Greenpeace in the US, after showing solidarity with the 2016 peaceful Indigenous-led protests 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.
Activists from Greenpeace International and allies were present outside the courthouse in Amsterdam for the first hearing in the case with a banner reading "ENERGY TRANSFER, WELCOME TO THE EU – WHERE FREE SPEECH IS STILL A THING".
Mads Christensen, Executive Director, Greenpeace International said:
"Energy Transfer's attack on our right to protest is an attack on everyone's free speech. Greenpeace has been the target of threats, arrests and even bombs over the last 50 years and persevered. We will continue to resist all forms of intimidation and explore every option to hold Energy Transfer accountable for this attempt at abusing the justice system. This groundbreaking anti-SLAPP case against Energy Transfer in the Netherlands is just the beginning of defeating this bullying tactic being wielded by billionaires and fossil fuel giants trying to silence critics all over the world. Something absolutely vital is at stake here: people's ability to hold corporate polluters to account for the devastation they're causing."
The lawsuit is an important test of the European Union's Anti-SLAPP Directive - adopted in April 2024.[2] The Directive is designed to protect journalists, activists, civil society organisations, or anyone else speaking out about matters of public concern, from Strategic Lawsuits Against Public Participation (SLAPP) - unfounded intimidation lawsuits brought by powerful corporations or wealthy individuals seeking to suppress public debate. [3] Since Greenpeace International is a Netherlands-based foundation and the damage caused by Energy Transfers's US SLAPP suit is occurring in the Netherlands, both Dutch and EU law applies.
Amy Jacobsen, Senior Legal Counsel, Greenpeace International said:
"This case paves the way for protections from bullying lawsuits being implemented throughout Europe and beyond. The lawsuits that Energy Transfer have brought against Greenpeace International are the perfect example of the kind of abusive legal proceedings that the anti-SLAPP Directive is designed to protect against. By calling upon the EU anti-SLAPP Directive's protections, Greenpeace International refuses to allow the bullying tactics of wealthy fossil fuel corporations like Energy Transfer to compromise our fundamental free speech rights."
At the time of the press release it was still uncertain whether Energy Transfer would appear in the hearing. The next steps are for the judge to agree on a schedule for the case.
