Introduction
A Paris court has ordered the oil and gas giant TotalEnergies to account for the emissions resulting from the use of its products by its customers. This decision represents a partial victory for environmental NGOs, which are seeking to apply a 2017 French law on corporate vigilance regarding the climate crisis.
The Case
During hearings in February, TotalEnergies' lawyers argued that the law did not cover global warming. However, the NGOs that are suing the company argued that the law's reference to preventing environmental risks encompasses both local pollution and climate change.
The plaintiffs accused TotalEnergies of refusing to account for the indirect emissions of its customers, which totaled 342 million tons of CO₂ equivalent in 2024. This is equivalent to the annual emissions of approximately 74 million cars – nearly twice the current Brazilian fleet of vehicles of this type.
The Court's Decision
TotalEnergies argued that the law only applied to its own operations and those of its contractors, and not to its customers. However, the court stated that the company's vigilance plan was “incomplete” and gave the oil company six months to modify it to include emissions from end-users – known as Scope 3 emissions, which all oil companies try to avoid.
The French court understood that “the greenhouse gas emissions of Scope 3 are among the emissions resulting from the group's activities, as defined by law, due in particular to the intrinsic link between the production of oil and gas and the combustion of products by users”.
Implications
The city of Paris classified the court's decision as a “landmark” in the history of French climate legislation. “For the first time, a judge recognizes that climate risks are indeed part of the vigilance duty that falls to large corporations, and no fossil fuel multinational can evade this responsibility,” said Deputy Mayor Alice Timsit in a statement.
This case is the latest in a growing wave of climate lawsuits against major greenhouse gas-emitting companies around the world.
Conclusion
The Paris court's decision is an important step towards holding companies accountable for the climate impact of their activities. It is essential that companies are transparent about the emissions of their products and take measures to mitigate climate risks.
Source / Reference
Source: ClimaInfo