Notre Affaire a Tous and Others v. Total
Principle law(s): 2020 Climate and Energy Package (contains Directive 2009/29/EC, Directive 2009/28/EC, Directive 2009/31/EC and Decision No. 406/2009/EC of the Parliament and the Council ; see below),Grenelle I
Side A: Fondation pour la Nature et l'Homme (FNH), Greenpeace France, Notre Affaire à Tous and Oxfam France (Ngo)
Side B: Total (Corporation)
Core objectives: Whether a French oil company violated the French Commercial Code by failing to adequately report climate risks associated with its activities and take action to mitigate those risks in line with the goals of the Paris Agreement.
SummaryThe French NGOs Notre Affaire à Tous, Sherpa, Zea, and Les Eco Maires along with more than a dozen French local governments have taken the first step in a legal proceeding against French oil company and carbon major Total. The initiative seeks a court order forcing Total to issue a corporate strategy that 1) identifies the risks resulting from GHG emissions resulting from the use of goods and services that Total produces, 2) identifies the risks of serious climate-related harms as outlined in the 2018 IPCC special report, and 3) undertakes action to ensure the company’s activities align with a trajectory compatible with the climate goals of the Paris Agreement. The plaintiffs argue these obligations stem from domestic law Article L. 225-102-4.-I of the Commercial Code (Loi 27 Mars 2017 sur le devoir de vigilance des sociétés mères et des entreprises donneuses d'ordre). This law requires a company to produce a "plan of vigilance" that identifies and seeks to mitigate risks to human rights, fundamental freedoms, the environment, and public health that could result directly or indirectly from the operations of the company and of the companies it controls.
In a press release published on September 21st, 2022, Notre Affaire a Tous announced that the cities of New York, Paris, and Poitiers as well as the NGO Amnesty International France have joined the coalitions of local authorities and NGOs that have taken TotalEnergies to court.
Related laws and policies
2020 Climate and Energy Package (contains Directive 2009/29/EC, Directive 2009/28/EC, Directive 2009/31/EC and Decision No. 406/2009/EC of the Parliament and the Council ; see below)
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