TotalEnergies has launched an appeal against a landmark climate judgment issued by the Paris Judicial Court, escalating a legal battle over whether major companies can be held responsible for the climate impacts linked to their products and customers’ use of energy.
The appeal follows the court’s 25 June 2026 ruling in proceedings brought by several associations under France’s duty of vigilance law. TotalEnergies said its Board of Directors decided to challenge the judgment, arguing that the decision extends the law beyond its intended purpose.
The energy giant’s first line of argument is that climate change, as a global issue, should not fall under the scope of France’s corporate duty of vigilance framework. TotalEnergies cited the position of the Public Prosecutor’s Office, which stated that climate change is “a worldwide phenomenon which is ‘a matter for everyone, but essentially a responsibility of the international community of States’”.
The company also argues that the duty of vigilance law applies to risks arising from companies’ own operations, subsidiaries, suppliers and subcontractors — but does not cover the actions of customers who use their products.
“TotalEnergies does not decide whether a motorist chooses to drive a petrol-powered vehicle, use biodiesel, or drive an electric vehicle. However, TotalEnergies seeks to ensure that motorists have access to the energy they choose to use.”
TotalEnergies warned that expanding corporate liability to include customer behaviour could have far-reaching consequences across multiple industries, including energy, defence, aerospace and automotive sectors.
“Imposing companies in energy, defense, aeronautics, or automotive sectors to control risks resulting from the use of their products by their customers does not appear to be consistent with the objectives of the law, or the principles of legal certainty and freedom to conduct business.”
The company further pointed to European rules, saying the Corporate Sustainability Due Diligence Directive (CSDDD) does not include customers’ activities within its scope.
TotalEnergies said it will present these arguments before the Paris Court of Appeal as it seeks to overturn the lower court’s judgment.
