TotalEnergies has filed an appeal against a June 25 ruling by the Paris Judicial Court in a case brought by environmental groups under France’s duty of vigilance law, challenging the court’s interpretation of corporate responsibility for climate-related impacts.
The company said its Board of Directors approved the appeal after concluding that the judgment extends the scope of the law beyond its intended purpose. TotalEnergies argues that climate change is a global issue that should be addressed by governments through international cooperation rather than through the duty of vigilance framework. The company noted that the French Public Prosecutor’s Office supported this interpretation during the proceedings, stating that climate change is primarily the responsibility of the international community of states.
TotalEnergies also contends that the law is designed to address risks arising from a company’s own operations, subsidiaries, suppliers and subcontractors—not the activities of customers who use its products. The company said it cannot control how consumers choose to use energy, whether through gasoline-powered vehicles, biofuels or electric vehicles, and instead focuses on providing customers with their preferred energy options.
The company further argued that requiring businesses in sectors such as energy, automotive, aerospace and defense to manage risks stemming from customer use of their products would conflict with the objectives of the law, as well as principles of legal certainty and the freedom to conduct business. It also pointed to the European Corporate Sustainability Due Diligence Directive (CSDDD), noting that the directive does not extend due diligence obligations to customers’ activities.
The appeal will now be considered by the Paris Court of Appeal, where TotalEnergies said it intends to advance these legal arguments.
By Charles Kennedy for Oilprice.com
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