"TotalEnergies and EDF: NGO actions upheld on appeal," 19 June 2024

The Paris Court of Appeal has ruled that the NGOs' actions against TotalEnergies and EDF are admissible, paving the way for an in-depth examination of these multinationals' due diligence plans...

The court ruled that the associations’ claims were admissible, thus overturning the first-instance judgments. These Court of Appeal rulings now allow cases to be examined on their merits, which could lead to significant changes in the way these companies manage their due diligence obligations...

A coalition of NGOs and local authorities served formal notice on TotalEnergies, accusing it of failing to align its climate strategy with the Paris Agreement. Although rejected by the court of first instance for failing to respect the requirement of a prior dialogue phase, the NGOs had their claim upheld on appeal, opening up the possibility of a substantial review of TotalEnergies’ practices.

The Court of Appeal also ruled that the claims against EDF concerning a wind farm project in Mexico were admissible...