the actions of environmental NGOs against TotalEnergies and EDF deemed admissible on appeal

The duty of vigilance requires multinationals to publish a plan on the human and environmental risks of their activities.

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The headquarters of TotalEnergies, June 7, 2024, in La Défense, in Courbevoie (Hauts-de-Seine).  (ANTOINE BOUREAU / HANS LUCAS / AFP)

A big step for the protection of the environment through law? The Paris Court of Appeal ruled admissible the actions brought by NGOs against TotalEnergies and EDF on the basis of the duty of vigilance, in a decision rendered on Tuesday June 18. This legal constraint requires multinationals to study the impact of their activities on, among other things, fundamental freedoms and the environment.

The Paris judicial court ruled at first instance, in July 2023, that the associations had not respected the requirement for a dialogue phase with the oil giant before taking it to court. These decisions therefore pave the way for an examination of the merits of the associations’ requests. In a third case, the court nevertheless confirmed the inadmissibility of the NGO’s action against a former subsidiary of Suez.


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