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The ESG Litigation Guide provides detailed analysis of chosen European and international ESG litigation cases, both decided and pending. It includes details on the claims raised by the parties, the relevant legislation, public statements by interested parties, as well as links to judgements and press reports.
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Environmental, Social and Governance (ESG) issues in France are of unprecedented importance for companies in a context where legal proceedings related to these issues are increasingly common and can take many forms. So far, most ESG litigations have focused on environmental standards. For instance, French courts have witnessed a wave of climate change disputes which can be initiated on the basis of various grounds, including breach of general duty of care, failure to make sufficient efforts to address climate change as a result of the company's activities, or relying on environmental claims that are allegedly misleading. These can lead to single-claimant proceedings or class/group actions initiated by non-governmental organizations (NGOs), consumers or competitors. Within the EU, France was the first state to make human rights due diligence obligation mandatory since the enactment of the French Duty of Vigilance Law on 27 March 2017. Said statute requires French corporations with over 5,000 employees in France and/or over 10,000 employees worldwide (including affiliates' employees) to set up, publish and implement a "vigilance plan". So far, around a dozen legal actions have been initiated since 2019, mainly against companies in the oil industry, banks, and leading food manufacturers and retail businesses. On 28 February 2023, the Paris Civil Court handed down in the scope of summary proceedings the first decision ever relating to the application of the French Duty of Vigilance Law, which will likely set the tone for future cases.