Hague court: Municipalities Can Ban Fossil Fuel Advertising
On April 25, 2025, the court in The Hague ruled on the advertising ban for fossil fuels in the municipality of The Hague, dismissing the objections from the travel industry and upholding the ban on fossil-fuel advertising.
Why the municipality of The Hague implemented the advertising ban
In September 2024, the municipal council of The Hague implemented a ban on advertising in public spaces for fossil fuels, air travel, flight tickets, grey electricity contracts, gas contracts, cruises, and cars with fossil or hybrid fuel engines. This ban, which came into effect on January 1, 2025, was created to protect the health of residents, reduce the negative impact of climate change, and improve the environment.
Why travel organisations opposed the ban
Travel organisations, represented by ANVR, TUI, D-Reizen, and Prijsvrij,nl, argued that the advertising ban violates the Dutch Constitution and European law, claiming the ban restricts freedom of expression and constitutes an unfair limitation on commercial activities. The travel industry demanded that the advertising ban be annulled.
How the court in The Hague reached its decision
The court ruled the municipality of The Hague has a significant degree of policy freedom in making decrees and local rules it deems important for its residents and that the municipality had sufficiently substantiated the advertising ban could protect the health of residents and visitors of The Hague and reduce the negative effects of climate change. The judge emphasised that the municipality is allowed to set rules within its borders to protect the public interest.
Why the advertising ban does not violate freedom of expression
The court ruled that the advertising ban does not violate the freedom of expression as enshrined in the Constitution. Commercial advertising, such as the advertisements that travel organisations make for air travel, flight tickets, and cruises, is not protected under freedom of expression. The judge stated that this form of advertising is clearly intended to serve commercial purposes and therefore does not fall under constitutional protection.
Conclusion
This ruling means that the advertising ban for fossil fuels in the municipality of The Hague remains in effect. This ban, however, applies only to the municipality of The Hague, but may set a precedent for other municipalities considering similar measures. Until now, local governments have tried limiting such advertisements through contracts with advertising agencies and not via local decrees and rules. Local governments were uncertain whether banning such advertisements through decrees and rules would be legally permissible. This ruling shows that a ban through such decrees and rules could be permissible. The travel industry retains the ability to make fossil fuel advertisements through other channels, such as radio, TV, and the internet, but such ads remain prohibited in public spaces of The Hague, and it is likely that more municipalities will follow with similar measures.
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