TotalEnergies to Appeal French Court Order to Adapt Business to Climate Change

French oil giant TotalEnergies plans to appeal a landmark Paris court decision that mandated the company to adapt its business practices to meet climate change objectives. This ruling, the first of its kind in France, held TotalEnergies accountable for the planet-warming emissions generated by the use of its fuel products, citing the country's corporate duty of vigilance law.

Climate campaigners hailed the decision as a significant victory. However, TotalEnergies stated its position, aligning with the Public Prosecutor's Office, that climate change is a global phenomenon and does not fall under the purview of the duty of vigilance law. The company argues that compelling businesses in sectors like energy, defense, and automotive to oversee risks from customer product usage contradicts the law's intent and principles of legal certainty and business freedom.

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The company considers, in line with the position taken by the Public Prosecutor’s Office in these proceedings, that climate change, as a global phenomenon, does not fall within the scope of the duty of vigilance law.

The legal battle highlights the growing trend of climate litigation against major oil companies, which has yielded mixed results globally. A notable Dutch ruling against Shell, which ordered emission cuts, was later overturned on appeal and is currently under review by the Netherlands Supreme Court. TotalEnergies will present its case before the Paris Court of Appeal.

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Imposing companies in energy, defense, aeronautics, or automotive sectors to control risks resulting from the use of their products by their customers does not appear to be consistent with the objectives of the law, or the principles of legal certainty and freedom to conduct business.