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

이 페이지는 한국어로 제공되지 않으며 English로 표시됩니다.

이 내용은 다음 언어로도 제공됩니다: English, français

소송

2020년 1월 29일

TotalEnergies lawsuit (re climate change, France)

상태: ONGOING

소송을 제기한 날짜
2020년 1월 29일
알 수 없음
Human rights group
제소 위치: 프랑스
사건 위치: 프랑스
소송 유형: 국내

기업 페이지

TotalEnergies (formerly Total) 프랑스 석유, 가스 및 석탄, 에너지, 수소

출처

Case profile also available in : Français

Snapshot: In January 2020, several French NGOs and local authorities filed a lawsuit against oil company Total in France based on the duty of vigilance law, in an attempt to force the company to dramatically reduce its greenhouse gas emissions. They allege that Total did not include enough detailed information in its vigilance plan to reduce emissions. Total declared that its plan complies with the duty of vigilance law.

Factual background

In 2017, France passed a new corporate duty of vigilance law, mandating respect for human rights and the environment to business activities carried out by large companies. It establishes a legally binding obligation for parent companies, like Total, to identify, prevent, mitigate and redress human rights and environmental impacts resulting from their own activities as well as from the operations of companies under their control, subcontractors and suppliers.

The law imposes the obligation of implementing and publishing a vigilance plan in detail or account for the failure to do it. Despite Total having published a vigilance plan, the plaintiffs argue that it is not sufficient to meet its legal obligation under the French duty of vigilance law. In fact, Total is responsible for more than two-thirds of France’s greenhouse gas emissions and one of the 20 biggest contributors to worldwide emissions.

In October 2018, NGOs and local authorities sent a letter to Total’s CEO reminding him of the company’s obligations under the duty of vigilance law. They also said that they would file a lawsuit against the company if no action was taken. Total’s CEO met with them in June 2019, but the talks were not successful in resolving the matter.

In September 2022, two more cities (Paris and New York) joined the lawsuit. Amnesty International France and the city of Poitiers also support this legal action.

Legal argument

The plaintiffs, 16 local authorities and 6 NGOs, are bringing the lawsuit under the French Corporate duty of vigilance law (2017) that requires large companies to set out a plan with detailed measures to identify risks and prevent human right abuses or environmental damage that could result from their activities.

The plaintiffs allege that, Total, despite its vigilance plan, has not included in details the actions to be taken in order to curb emissions and actively cut its contribution to climate change, limiting the global average temperature to a maximum of 1.5%, according to the Paris’ Agreement. Total denies the allegations.

Legal proceeding

After meeting Total’s CEO to discuss the issue, the NGOs and local authorities sent a formal notice to Total, on 19 June 2019 in accordance with the duty of vigilance law.

On 14 January 2020, 14 local authorities and 5 NGOs filed a claim before the Nanterre court (France). Total argued that the Commercial court should hear the case.

In February 2021, a Paris judge ruled that a judicial tribunal, as opposed to a commercial court, should have jurisdiction and hear the merits of the case. Total appealed the decision.

On 18 November 2021, the Versailles Court of Appeal confirmed the lower court decision.

After TotalEnergies unsuccessfully sought to have the case moved to a commercial court, the case was assigned to a single judge at the Paris judicial court in 2022.

In February 2023, NGOs and local authorities asked the court to implement provisional measures against TotalEnergies while the outcome of the case is pending. Specifically, they want the court to institute measures requiring TotalEnergies to suspend its new oil and gas projects and implement measures to reduce its emissions in order to conform with the Paris Agreement.

In July 2023, the court rejected the lawsuit, deeming the request for provisional measures as well as the initial lawsuit inadmissible. It held that Total had not been sufficiently notified before the lawsuit was filed. While the coalition of plaintiffs said the ruling was concerning, TotalEnergies stated that it had noted the court decision and had an "ambitious strategy to reach carbon neutrality by 2050".

In November 2023, the international coalition of NGOs and governments filed an appeal challenging the lower court's ruling.

In June 2024, the Paris Court of Appeal ruled the legal action against TotalEnergies admissible. While confirming that NGOs could bring the lawsuit, it restricted the participation of local authorities. Only those showing a local public interest can be part of the lawsuit.

News items:

Total:

- Total’s position, 28 Jan 2020
- Total’s 2019 Vigilance Plan,  pp. 93-109, 20 Mar 2019

Notre Affaire à Tous and Sherpa

-Procès climatique contre TotalEnergies : l’action judiciaire continue devant la cour d’appel, Sherpa, 11 Nov 2023 (in French)

-Climate change: Paris and New York join the legal action against TotalEnergies, Abdoulaye Diarra, Notre Affaire à Tous, 21 Sep 2022

-"Climate litigation against Total: the Versailles Court of Appeal confirms the jurisdiction of the judicial court", Notre Affaire à Tous, Sherpa, 18 Nov 2021
- "Climate change litigation against Total: a first victory for the NGOs and local authorities", Notre Affaire à Tous, Sherpa, France Nature Environnement, Eco Maires and ZEA, 11 Feb 2021
-“First climate change litigation against a company in France: 14 local authorities and 5 NGOs take Total to court”, Notre Affaire à Tous, Sherpa, France Nature Environnement, Eco Maires and ZEA, 28 Jan 2020

Court documents:

- Respondents' reply to the statement of objections before the Judicial Court of Paris, 10 Feb 2023

-Dr Yann Robiou du Pont's expert note on behalf of respondents, Consultation on TotalEnergies' Alignment with the Objective of Limiting Global Warming to 1.5°C (Paris Agreement), 8 Feb 2022

-Versailles Court of Appeal Judgement affirming the judicial tribunal's jurisdiction after TotalEnergies' appeal, 18 Nov 2021

-Order (in English and in French) confirming judicial tribunal's jurisdiction, Nanterre Judicial Tribunal, 11 Feb 2021

타임라인

개인정보

이 웹사이트는 쿠키 및 기타 웹 저장 기술을 사용합니다. 아래에서 개인정보보호 옵션을 설정할 수 있습니다. 변경 사항은 즉시 적용됩니다.

웹 저장소 사용에 대한 자세한 내용은 다음을 참조하세요 데이터 사용 및 쿠키 정책

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.

분석 쿠키

ON
OFF

귀하가 우리 웹사이트를 방문하면 Google Analytics를 사용하여 귀하의 방문 정보를 수집합니다. 이 쿠키를 수락하면 저희가 귀하의 방문에 대한 자세한 내용을 이해하고, 정보 표시 방법을 개선할 수 있습니다. 모든 분석 정보는 익명이 보장되며 귀하를 식별하는데 사용하지 않습니다. Google은 모든 브라우저에 대해 Google Analytics 선택 해제 추가 기능을 제공합니다.

프로모션 쿠키

ON
OFF

우리는 소셜미디어와 검색 엔진을 포함한 제3자 플랫폼을 통해 기업과 인권에 대한 뉴스와 업데이트를 제공합니다. 이 쿠키는 이러한 프로모션의 성과를 이해하는데 도움이 됩니다.

이 사이트에 대한 개인정보 공개 범위 선택

이 사이트는 필요한 핵심 기능 이상으로 귀하의 경험을 향상시키기 위해 쿠키 및 기타 웹 저장 기술을 사용합니다.