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”...