TotalEnergies to Appeal Paris Court Ruling on French Duty of Vigilance Law
On June 25 2026 the Paris Judicial Court delivered a judgment that found TotalEnergies liable under France’s “duty of vigilance” law for failing to prevent climate‑related harms linked to the use of its petroleum products by end‑users. The ruling, which ordered the company to implement additional monitoring and mitigation measures, has prompted TotalEnergies to announce its intention to appeal the decision before the Paris Court of Appeal.
Background of the Case
The lawsuit was initiated by a coalition of environmental NGOs, including Friends of the Earth France and Greenpeace France, who argued that TotalEnergies had not adequately assessed or mitigated the greenhouse‑gas emissions resulting from the combustion of its fuels by consumers. Under the French loi de vigilance (Law No. 2017‑399 of March 27 2017), large corporations must establish and publish a vigilance plan that identifies risks to human rights, fundamental freedoms, health and safety, and the environment arising from their own activities, subsidiaries, subcontractors, and suppliers.
The plaintiffs contended that the law’s scope should extend to the downstream use of energy products, arguing that TotalEnergies, as a supplier, bears responsibility for the emissions generated when its gasoline, diesel, or jet fuel is burned in vehicles, aircraft, or industrial processes.
TotalEnergies’ Position
In a statement released on Monday, the company emphasized that it does not control the choices made by individual consumers:
“TotalEnergies does not determine whether a motorist chooses to drive a gasoline‑powered vehicle, use biodiesel, or drive an electric vehicle.”
The firm argued that extending vigilance obligations to customer behaviour would:
- Undermine the principle of legal certainty, as companies would be held liable for actions over which they have no direct influence;
- Conflict with the objectives of the duty of vigilance law, which targets risks arising from a company’s own operations and its immediate supply chain;
- Infringe upon the freedom to conduct business, a cornerstone of EU and French commercial law.
TotalEnergies also pointed to the European Union’s Corporate Sustainability Due Diligence Directive (CSDDD), noting that the current draft of the CSDDD explicitly limits due‑diligence requirements to a company’s own activities, subsidiaries, and direct business relationships, excluding the end‑use of products by consumers.
Legal and Policy Context
France’s duty of vigilance law, enacted in 2017, was a pioneering measure intended to hold multinational corporations accountable for adverse impacts across their value chains. The law has been invoked in several high‑profile cases, notably against TotalEnergies’ predecessor, Total S.A., in 2021 concerning alleged human‑rights abuses in African oil projects.
Scholars such as Professor Martin Dupont of Sciences Po argue that the law’s legislative history shows a clear intent to focus on “upstream” risks—those that a company can influence through contracts, audits, and supplier codes of conduct. Extending liability to downstream consumer choices would require a substantial reinterpretation that, to date, has not been endorsed by the French Cour de cassation or the European Court of Justice.
Nevertheless, the growing momentum behind climate‑related litigation—exemplified by the Urgenda case in the Netherlands and the held‑back‑by‑youth lawsuit in the United States—has prompted courts to scrutinize the causal links between fossil‑fuel supply and greenhouse‑gas emissions more closely.
Implications for the Energy Sector
If the Paris Court of Appeal upholds the lower court’s ruling, energy companies operating in France could face:
- New compliance costs associated with monitoring end‑use emissions;
- Potential obligations to invest in low‑carbon alternatives or consumer education campaigns;
- Increased exposure to class‑action lawsuits from environmental groups and affected communities.
Conversely, a reversal would reinforce the current interpretation that vigilance law’s focus on direct operational control and could deter plaintiffs from pursuing similar downstream claims in French jurisdictions.
Looking Ahead
TotalEnergies has stated that it will present its arguments before the Paris Court of Appeal in the coming months, emphasizing its existing vigilance plan, its investments in renewable energy (over 15 GW of wind and solar capacity as of 2025), and its commitment to providing consumers with the energy products they demand.
The outcome of this appeal will be closely watched by policymakers, corporate legal teams, and climate‑advocacy groups across Europe, as it may shape the future scope of corporate due‑diligence obligations in the context of global climate change mitigation.
