abusesaffiliationarrow-downarrow-leftarrow-rightarrow-upattack-typeburgerchevron-downchevron-leftchevron-rightchevron-upClock iconclosedeletedevelopment-povertydiscriminationdollardownloademailenvironmentexternal-linkfacebookfiltergenderglobegroupshealthC4067174-3DD9-4B9E-AD64-284FDAAE6338@1xinformation-outlineinformationinstagraminvestment-trade-globalisationissueslabourlanguagesShapeCombined Shapeline, chart, up, arrow, graphLinkedInlocationmap-pinminusnewsorganisationotheroverviewpluspreviewArtboard 185profilerefreshIconnewssearchsecurityPathStock downStock steadyStock uptagticktooltiptwitteruniversalityweb
Article

24 Jan 2020

Author:
Stéphane Brabant and Elsa Savourey, on Cambridge University Press

All Eyes on France - French Vigilance Law First Enforcement Cases (1/2) Current Cases and Trends

All eyes are on France as the enforcement mechanism set out in the French Law on the Corporate Duty of Vigilance (the “Vigilance Law”) is now set in motion. The mechanism, which was triggered for the first time in 2019, has now been used in five instances, with two cases so far having reached a court...

The Vigilance Law provides for a twofold judicialisation. First, a remediation mechanism, through civil liability, not yet triggered and not covered in this post. Second, an enforcement mechanism [injonction] to ensure that a company falling within the scope of the Vigilance Law complies with the obligations set forth in this law (the “Vigilance Obligations”). This mechanism can be used, irrespective of whether any actual damage has been sustained...

The enforcement mechanism has been seized by a variety of parties so far...

Their allegations are focused on the impacts generated by the activities of the companies..., and/or that of their subsidiaries abroad ... and that of subcontractors with an alleged established commercial relationship...

[A]ctions show the pro-activity of some entities in using the Vigilance Law as a tool to ensure that businesses have processes in place to respect human rights and the environment and that they “walk their talk”...

Part of the following timelines

France: Analysis on first legal cases filed under enforcement mechanism set out in Duty of Vigilance law

Total lawsuit (re failure to respect French duty of vigilance law in operations in Uganda)

Privacy information

This site uses cookies and other web storage technologies. You can set your privacy choices below. Changes will take effect immediately.

For more information on our use of web storage, please refer to our Data Usage and Cookies Policy

Strictly necessary storage

ON
OFF

Necessary storage enables core site functionality. This site cannot function without it, so it can only be disabled by changing settings in your browser.

Analytics cookie

ON
OFF

When you access our website we use Google Analytics to collect information on your visit. Accepting this cookie will allow us to understand more details about your journey, and improve how we surface information. All analytics information is anonymous and we do not use it to identify you. Google provides a Google Analytics opt-out add on for all popular browsers.

Promotional cookies

ON
OFF

We share news and updates on business and human rights through third party platforms, including social media and search engines. These cookies help us to understand the performance of these promotions.

Your privacy choices for this site

This site uses cookies and other web storage technologies to enhance your experience beyond necessary core functionality.