On April 25, 2025, the Court of The Hague issued a judgment (ECLI:NL:RBDHA:2025:6874) regarding summary proceedings initiated by travel organisations, including ANVR, TUI, Prijsvrij.nl, and D-Reizen, against the Municipality of The Hague. The lawsuit challenged an Advertising Ban in public spaces that targets fossil fuels, air travel, gas contracts, cruise trips, and vehicles powered by fossil or hybrid fuel. The Climate Tipping Points Foundation supported the Municipality in this case.

In a major speech last year, UN SG António Guterres called on news and tech media to stop enabling “planetary destruction” by taking fossil-fuel advertising money while warning the world faces “climate crunch time” and suggesting “Many governments restrict or prohibit advertising for products that harm human health, like tobacco,” followed “I urge every country to ban advertising from fossil-fuel companies. And I urge news media and tech companies to stop taking fossil-fuel advertising.”

Following an amended initiative proposal from the Party for the Animals, the City Council of The Hague decided on September 12, 2024, to implement a ban on advertising for the following products and services in public spaces: fossil fuels, air travel, airline tickets, grey electricity contracts, gas contracts, cruise trips, and vehicles with fossil or hybrid fuel engines. By prohibiting advertising, the Municipality of The Hague aims to protect the health of its residents, reduce the adverse effects of climate change, and improve the environment. Initially, violators would only receive warnings until May 1, 2025, after which enforcement would begin.

The ANVR and TUI state the Municipality has taken the decision on the Advertising Ban incompetently and, in addition, the Advertising Ban is non-binding, because it is contrary to the Constitution and with European laws and regulations, while the general principles of good administration were also not observed when the advertising ban was set in the creation.  The members of the ANVR, including TUI, want to be able to continue advertising the trips they offer, including air travel and cruises. Therefore, they are interested in suspending the Advertising Ban, at least so that the Municipality does not implement it.

The Advertising Ban falls under the Municipality’s competence, which allows it a considerable degree of discretion in implementing measures for the benefit of its residents. The decisions made by the Municipality in this area are discussed and debated within the city council. It is the city’s responsibility to carefully consider all the arguments and interests involved. Judicial intervention is only warranted if it can be clearly demonstrated that the Municipality has made incorrect or unlawful decisions and has not reasonably arrived at its policies.

Other arguments advanced by ANRV and TUI:

Freedom of Expression: The ban falls under ‘commercial advertising’, excluded from strong constitutional protection under Article 7(4), thus not violating free speech.

European Law: The court found no violation of the Unfair Commercial Practices Directive or TFEU rules; the ban is justified for public health and environmental reasons. 

Human Rights: Restrictions under the Advertising Ban were deemed necessary and proportional within a democratic society under ECHR Article 10 and Charter Article 11.

The court rejected the claims, and ANVR and TUI were ordered to pay legal costs.

 

Carlos Torres

26th April 2025