TotalEnergies Challenges Paris Climate Ruling on Corporate Duty

The company’s Board of Directors maintains that climate change is a global phenomenon, aligning its stance with the Public Prosecutor's Office. According to the firm, the responsibility for such systemic issues rests with the international community of States rather than individual commercial entities. TotalEnergies argues that the duty of vigilance law is designed to manage risks stemming from a company's own operations, subsidiaries, and supply chains, rather than the independent choices of its end-users.

Central to the appeal is the distinction between production and consumption. The company contends that it lacks control over how motorists use its energy products, whether they choose petrol, biodiesel, or electric alternatives. By extending liability to the actions of customers, the firm claims the court’s ruling undermines legal certainty and the freedom to conduct business. Furthermore, the company highlights that the European Corporate Sustainability Due Diligence Directive (CSDDD) excludes customer activity from its regulatory scope, a point it plans to emphasize before the Paris Court of Appeal.