French oil major TotalEnergies will file an appeal against a June judgment by the Paris Judicial Court, setting up a new legal showdown over corporate responsibility for end-user carbon emissions.
The company confirmed it will challenge the June 25 ruling brought by a coalition of activist groups under France’s landmark corporate duty of vigilance law.
At the core of the dispute is whether a corporation can be held legally responsible for greenhouse gas emissions generated when customers use its products, commonly known as Scope 3 emissions. The French ruling found TotalEnergies responsible for the emissions released.
In its appeal to the Paris Court of Appeal, TotalEnergies will argue that climate change is a global issue beyond the scope of domestic due diligence legislation.
Aligning with arguments previously raised by the French Public Prosecutor’s Office, the energy group maintains that climate change is a worldwide phenomenon that imposes a responsibility on the international community of states, rather than individual corporate mandates.
TotalEnergies also asserts that the duty of vigilance law was designed to ensure responsible behaviour regarding a company’s own operations, subsidiaries, suppliers, and subcontractors, not the choices of end-consumers over whom it has no control.
“TotalEnergies does not decide whether a motorist chooses to drive a petrol-powered vehicle, use biodiesel, or drive an electric vehicle,” the company said in a statement.
“However, TotalEnergies seeks to ensure that motorists have access to the energy they choose to use.”
The company argued that forcing businesses in energy, defence, automotive, or aeronautics sectors to manage customer-use risks undermines legal certainty and commercial freedom.
It highlighted that the European Union’s Corporate Sustainability Due Diligence Directive (CSDDD) similarly excludes customer activities from its scope.
The company will advance these arguments before the Paris Court of Appeal.
