TotalEnergies case – Climate change

For justice beyond
borders

Why was a legal action brought against TotalEnergies?​

Sherpa recalls that any person accused or prosecuted by a national or international jurisdiction is presumed innocent until found guilty by a final court decision. In this respect, an appealable decision does not constitute a final decision.

While TotalEnergies claims to be “committed” to reach carbon neutrality by 2050, the measures taken by the multinational are still not in line with the objectives of the Paris Agreement.

In January 2020, Sherpa and a coalition of NGOs and local authorities took TotalEnergies to court after having formally served notice to the company. Sherpa, Amnesty International France, France Nature Environnement, Notre Affaire à Tous, ZEA, les Eco Maires and 16 local authorities request the judge to order the oil company to take the necessary measures to reduce its greenhouse gas emissions consistently with the objectives of the Paris Agreement, in accordance with the Law on the Duty of Vigilance of March 27, 2017 and with the French Civil code provisions on ecological damage.

Timeline

Key dates

  • 19 June 2019

    Formal notice

    Sherpa, with a coalition of local authorities and NGO sent a formal notice to TotalEnergies, requesting the multinational to comply with its obligations under the Law on the Duty of Vigilance of March 27, 2017 and the provisions of the French Civil code on ecological damage.

  • 28 January 2020

    Lawsuit before the Nanterre civil court

    Sherpa, Notre Affaire à Tous, ZEA, Eco Maires, France Nature Environnement and the city of Arcueil, Bayonne, Bègles, Bize-Minervois, Centre Val de Loire, Champneuville, Correns, Est-Ensemble Grand Paris, Grenoble, La Possession, Mouans-Sartoux, Nanterre, Sevran and Vitry-le-François take TotalEnergies to court.

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  • 11 February 2021

    First victory on the judicial court’s jurisdiction

    The court ruled in favour of the coalition confirming its jurisdiction, rejecting the oil major’s attempt to bring the dispute before the commercial court.

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  • 18 November 2021

    Confirmation of the judicial court’s jurisdiction

    The Versailles court of appeal confirmed the jurisdiction of the judicial court.

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  • 10 February 2022

    Transfer of the case to the Paris civil court

    The case is transferred to the Paris judicial court in application of the law of December 22, 2021 which give exclusive jurisdiction to this court over cases based on the Duty of vigilance law.

  • 21 September 2022

    Amnesty International France and new local authorities join the legal action

    Paris, New-York, Poitiers and Amnesty International France officially joined the coalition.

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  • 10 February 2022

    Request for provisional measures

    The coalition asks the court to order the company to adopt provisional measures to suspend new oil and gas projects while awaiting the court’s decision on the merits of the case. Find out more.

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  • 6 July 2023

    Action deemed inadmissible

    The pre-trial judge of the Paris judicial court ruled that the action is inadmissible.

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  • 10 November 2023

    Appeal

    The coalition announced appealing the Paris judicial court ruling.

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  • 5 March 2024

    Hearing before the Court of Appeal

    While the Paris judicial court deemed the action inadmissible, the case was examined by a new chamber, specially created within the Court of Appeal for issues related to France’s duty of vigilance law. The decision is expected on June 18.

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Impact

Why initiate legal action?

Sherpa

The law is a tool of power in a globalised world. It underpins power relations and encourages impunity for the most powerful. Because of their transnational nature, or the political and economic stakes involved, many violations escape justice. Bringing cases before the courts means putting the debate back on a legal footing, giving a voice to the people affected and thus restoring the legal tool to social movements.

Sherpa

Thanks to the work of NGOs and journalists, the consequences of globalisation are increasingly being documented and denounced. Our legal actions make it possible to initiate an contentious proceedings, establish the facts and apply the rules of law to these situations. They also aim to provide practical solutions by putting a stop to violations, holding the players concerned responsible and/or enabling victims to obtain compensation.

Sherpa

In support of our advocacy and in parallel with our legal laboratory and capacity-sharing activities, our legal actions are designed to contribute to wider and lasting change. They fuel public debate to highlight the limits of the legal framework and the obstacles facing the victims of globalised capitalism. They set precedents that shape a more protective legal framework.

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