ABSTRACT
This chapter examines the role of private law in responding to climate change in the European Union (EU) as well as its Member States. The chapter explains how the development of EU private law takes place against the backdrop of an evolving and complex EU public law framework. This public law framework has a clear market orientation, is guided by targets, and has consistently sought to boost the EU’s competitiveness. The chapter examines specific private law legislation developed in the EU, focusing on financial law, company law, and consumer law. Moreover, the chapter examines private law court cases in the Union, and explores how these cases interact with the EU’s public and private law frameworks. The chapter finds that, through litigation, private law is increasingly acting to fill gaps in the EU’s public law framework.
van Asselt, Harro and Crow, Jessica, EU Private Law and Climate Change (June 13, 2025) in Douglas Kysar and Ernest Lim (eds), The Oxford Handbook of Climate Change and Private Law (Oxford University Press, 2026, forthcoming).
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