In legal proceedings initiated by NGOs under the Duty of Vigilance Law against TotalEnergies, the Paris Court of Appeal has ruled that the case is admissible. Today’s decision, which overturns the February 2023 decision of the Paris Judicial Court, paves the way for the first climate lawsuit against a multinational in France.

The case pertains to the Tilenga drilling initiative in Uganda and a 1,443-kilometre crude oil pipeline intended to transport its production to the Tanzanian coastline. The plaintiffs are seeking compensation for various grievances, including infringements on property rights related to the land designated for the pipeline, food insecurity, and damage to homes resulting from flooding linked to the construction of oil processing facilities.

The Duty of Vigilance Law applies to French corporations that employ over 5,000 individuals within their direct or indirect subsidiaries based in France, and to those with a workforce exceeding 10,000 when considering both direct and indirect global subsidiaries. Under this legislation, TotalEnergies, as the parent entity, holds responsibility for the companies it directly or indirectly controls, as well as for subcontractors and suppliers with whom it maintains an “established commercial relationship.”

The plaintiffs assert that the company should be held liable for failing to identify the human rights violations associated with its project or for not taking adequate measures to prevent or alleviate them.

The claimants are pursuing compensation for violations that allegedly occurred during the pipeline construction process, including the infringement of land rights affecting 86,000 individuals. Communities impacted by the project have reported that they received no compensation for relinquishing their land and faced coercion to sign documents that they did not fully comprehend.

In a separate ruling issued today, the Paris Court of Appeal also admitted the civil lawsuit brought by the Mexican indigenous community Unión Hidalgo against French energy giant EDF.

Today’s judgments are anticipated to have broader implications. Several other French multinational corporations currently face legal action under the 2017 Duty of Vigilance legislation. These lawsuits involve a range of allegations, including plastic pollution, labor conditions both domestically and internationally, financial support to firms linked to deforestation, and conflicts over land with indigenous communities during project development.