January Legally Green Newsletter

2026 got off to a rocky start, but there is some legal news that gives us courage!  We hope you enjoy good health, strength and optimism in the year ahead!

The goal of this monthly bulletin is to gather some of the many court cases, calls for solidarity and resources, or trainings across Europe. Help us spread the word and ask your friends to sign up here.

NB: We know this is only a small selection, if you have any news, solidarity call out or resource you want us to include in the next bulletin – don’t hesitate to reach out to us at [email protected] 

NEWS & COURT CASES

Belgium

Climate activists who engage in civil disobedience, such as poster removal or road blockades, often invoke freedom of speech or the state of emergency. But does this give them carte blanche to commit criminal offences? In its ruling on 11 December 2025 (No. 172/2025), the Constitutional Court stated that criminal offences are not automatically excusable, but that the criminal court must carry out a strict proportionality test. (translated with DeepL) Read more, Court Ruling


This case follows a ruling by the Criminal Tribunal of Liège concerning activists who were prosecuted for theft of a billboard poster advertising electric SUVs, who were deemed guilty but absolved of a sentence on the basis of freedom of speech.

Norway

Palestine protesters acquitted of fines after Norges Bank demonstration: The Borgarting Court of Appeal has ruled that the police did not have the right to prevent the demonstrators from staying within Ring 1. The court has therefore cancelled the fines that the protesters received for blocking the entrance to Norges Bank. (translated with DeepL) Read more

UK

Kamran Ahmed, Heba Muraisi and Lewie Chiaramello ended their hunger strikes after Elbit Systems UK was denied a crucial government contract — a key demand of the hunger strikers. They participated in the largest and longest coordinated hunger strike in British history, lasting a total of 73 days. Heba Muraisi ended her strike after 73 days. Read more

France

Landmark acquittal for road blockage

This January the French High Court (Cour de Cassation) upheld a decision of the Paris Court of Appeal regarding a highway blockage by Dernière Rénovation. The Cour de Cassation found that the High Court’s decision was proportional and that finding the defendants guilty would be an excessive infringement of their right to free speech. This decision is expected to serve as a lynchpin for many future defences – and was deployed at an XR trial in Angers the very next day! 

For details about the decision, please email them at [email protected]

Public Prosecutor throws courtroom tantrum

Notable trials in December included a hearing in Alsace during which the public prosecutor pretended to leave the room in order to interrupt a witness talking about Stockamine, the object of the XR members’ action. Ordinarily French courts are relatively happy to hear testimony of expert witnesses. The prosecutor went on to insult the defence lawyers personally. A full illustrated account of the trial can be seen on theirInstagram page. 


Blocking Freight Trains

In December a trial in Brittany attracted a lot of media attention, in part because the action was thought to be shocking: activists had stopped a freight train in its tracks and emptied part of the cargo, which was destined to become animal feed. However, interest in the trial also stems from the on-going debate about the role of agro-industry in the region, whose population is increasingly concerned by impact on the environment and on public health of the massive pork and poultry farms. The twelve defendants – some of whom turned themselves in out of solidarity – face up to 300,000 euros in costs and damages. The verdict is expected on February 12th.

Germany

The Berlin police’s use of pain-inducing holds to remove peaceful demonstrators from the streets can be illegal. This was confirmed on Tuesday by the Berlin-Brandenburg Higher Administrative Court. Specifically, the court rejected an appeal against a ruling by the Administrative Court, which had found a pain-inducing hold against a Last Generation activist to be unlawful. German language article 

RESOURCES & EVENTS

  • The article outlines a range of repressive measures that have been used to criminalise recent climate and environmental protests around the world. Read more
  • The report shows how an increase in climate-related legal cases is prompting governments to establish clear regulations for national climate action. Read more Read more

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The best way to be notified about events coming up, new tools and tricks of the activist trade is to subscribe to our monthly bulletin here. We’ll also be featuring inspiring stories from The Movement Hub network in this update, so you can find out who’s working on what – and what’s working in their struggle for social and environmental justice.