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.
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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.
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