Duty of Vigilance Law – Human Rights Insights

Climate risks fall under the scope of the French Duty of Vigilance Law court says in the case against TotalEnergies

In the first climate lawsuit against a multinational company in France, on 25 June 2026, the Paris civil court (ruling in French) recognised the inclusion of climate risks under the scope of the Duty of vigilance law and ordered TotalEnergies, one of the world largest oil and gas producers, to complement its vigilance plan within 6 months to include as part of its risk mapping scope 3 greenhouse gas emissions (all indirect emissions arising in the company’s value chain, including emissions resulting from the use of the company’s oil and gas products) as well as appropriated measures to mitigate and prevent the company’s impact on the climate.

Yves Rocher found liable under the French Duty of Vigilance Law over retaliation against unionised workers in Turkey

On 12 March 2026, the Paris civil court found the French beauty brand Yves Rocher liable for failing in its duty of vigilance regarding its activities in Turkey, specifically anti-unionisation practices. Following a membership campaign launched in January 2018 by the Petrol-Is trade union among the workers of Yves Rocher’s Turkish subsidiary, which led to the recognition of the union representativeness within the subsidiary (157 workers out of 379), in May 2018, a major wave of dismissals was carried out, with 132 employees fired; a retaliation against unionised workers.

In this unprecedent ruling, the court confirmed that the Duty of Vigilance Law applies to the activities of French companies’ subsidiaries operating abroad and ordered the company to compensate some employees. However, due to a restrictive interpretation of an agreement reached between the Turkish subsidiary and employees by the court, most plaintiffs’ claim for compensation was considered inadmissible, highly limiting Yves Rocher’s accountability and access to remedy for claimants.

French Duty of Vigilance Law and the formal notice requirement – 2024 clarifications

Since the adoption of the 2017 Duty of vigilance law, claimants have faced multiple procedural obstacles leading to the dismissal of their cases. In particular, judges have misinterpreted the obligation for claimants to give formal notice to companies prior to filing a complaint, using a flawed interpretation of the legislator’s intention to establish dialogue between companies and their stakeholders. Such misapplication of the law was rightfully overruled by the Paris court of appeal in two key rulings (here and here) on June 18, 2024.

Corporate accountability under the French Duty of vigilance law, just an illusion?

On June 1, 2023, Paris civil court dismissed NGOs’ claim brough on the ground of the Duty of vigilance law against Suez regarding its activities in Chile. Once again, the judge considered that claimants did not give proper formal notice. The rationale used and its outcome raises the question of effective corporate accountability five years after the adoption of the law and at the time of EU negotiations on a Directive on human rights and environmental due diligence.