A Paris court ordered TotalEnergies to account for the emissions of its clients and end-users within its climate-change plan [1, 2].
The ruling marks the first time France’s Corporate Duty of Vigilance law has been applied to climate risk. It establishes a legal precedent that energy companies cannot exclude the indirect emissions caused by the consumption of their products when calculating their environmental impact [2, 4].
The Paris Court of Appeal issued the decision on June 25, 2026 [4]. The court said TotalEnergies failed to fulfill its legal duty of vigilance regarding climate risk [2]. By omitting the emissions produced by the customers who burn the oil and gas it sells, the company was unable to provide a comprehensive plan to mitigate its contribution to global warming [2, 5].
Under the Corporate Duty of Vigilance law, large French companies are required to establish and implement a plan to identify risks, and prevent serious violations of human rights and environmental health. The court said this duty extends to the emissions generated by the company's clients [2, 4].
While the court mandated that TotalEnergies incorporate these indirect emissions into its strategy, there are conflicting reports regarding the scope of the judgment. Some reports indicate the court ordered the accounting of emissions [1, 3, 5], while other reporting suggests the court did not impose all specific measures demanded by the plaintiffs [4].
TotalEnergies has previously argued that it cannot be held responsible for the choices of individual consumers. However, the court rejected this position, saying the company could not hide behind its customers to avoid its vigilance obligations [2, 4].
“The ruling marks the first time France’s Corporate Duty of Vigilance law has been applied to climate risk.”
This decision shifts the legal burden of 'Scope 3' emissions—those produced by the end-use of a product—from the consumer to the producer. By linking climate risk to the Corporate Duty of Vigilance law, the court has created a mechanism for activists and regulators to hold fossil fuel companies legally accountable for the total carbon footprint of their business models, potentially triggering similar litigation against other energy majors operating in France.
