As the planet burns, a French court issues a ruling inviting companies to take their due diligence plans seriously.

On 25 June, as France and much of Europe sweltered in a heatwave, the Paris Ordinary Court [Tribunal Judiciaire] issued a landmark ruling in the case brought by a coalition of associations and the City of Paris against TotalEnergies. 

The court’s 34th Chamber, which is specialised at national level in due diligence cases, was called on to answer two questions in particular:

• Do due diligence requirements include climate issues? On this first point, the court notes that the term “environment”, within the meaning of the due diligence law of 27 March 2017, “must be interpreted in its broadest sense, which includes climate change caused by the discharge of greenhouse gas emissions into the atmosphere, which is a key component of the environment, something that is part of the negative environmental effects recognised in the international and European undertakings to which France is party”. The court adds that because they are “a serious, present and future threat to the enjoyment of human rights […], climate-related risks must be taken into account by companies in their due diligence plan, wherever identifying these risks forms part of the process of preventing serious breaches of human rights”. It also extends its reasoning to take in Directive (EU) 2024/1760 of 13 June 2024 on corporate sustainability due diligence (the CS3D directive). “The inclusion of climate in the environment is supported by” this directive, the Annex of which (Part I, Section 1, Point 15) prohibits causing “air pollution” and “harmful emissions” [that] “substantially impair the natural bases for the preservation and production of food” [or] “harm a person’s health [or] safety”. The court emphasises that “It is therefore undeniable that the said harmful emissions include greenhouse gas emissions generated by human activities”, specifying that the new “Omnibus directive” has “no impact on the due diligence obligations regime”. Clara Alibert, advocacy officer of CCFD-Terre Solidaire’s Acteurs économiques branch, is delighted: “In spite of deregulation at European level, climate-related due diligence is alive and well”, she observes.
• Do (Scope 3) indirect emissions come within its perimeter? In other words, is the group also accountable for the greenhouse gas emissions of drivers who use its fuels? The court emphasises that the group’s goal of carbon neutrality by 2050, which TotalEnergies sets itself in its due diligence plan, “is based on including scope 1 and 2 greenhouse gas emissions only”. The group claims that Scope 3 greenhouse gas emissions generated by its subsidiaries’ customers are outside its control and do not come within the scope of application of the due diligence law. In a detailed and clearly explained ruling, the court “deems that greenhouse gas emissions resulting from its activities form part of the climate-related risks included in the scope of application of due diligence” and orders TotalEnergies to include Scope 3 emissions in its risk-mapping, and in the prevention and mitigation actions contained in its due diligence plan, within a period of six months. A hearing will be held on 21 January 2027, to check that the ruling has been implemented.

This ruling – which is the first to apply due diligence to the field of climate change – is the culmination of a legal battle lasting more than six years. Clara Alibert emphasises that the ruling obliges companies to position themselves seriously on Scope 3, and “is a reminder that no multinational company can evade its responsibility when it comes to climate deregulation”. One aspect of this case still remains a blind spot, though: the extreme discretion shown by employee representatives with regard to this question, despite the European trade union movement proclaiming as early as 2014 that “there are no jobs on a dead planet” – a slogan largely forgotten now, in the name of immediate protection for employment. Nevertheless, the prospect of including Scope 3 in risk-mapping partially explains several asset disposals that have taken place in recent years, such as the removal of retail activities (service stations) from the TotalEnergies group’s scope, in 2023. These were sold to the Canadian group Couche-Tard in Germany and the Netherlands, and transferred to a joint venture with Couche-Tard (60%) in Belgium and Luxembourg, together with several thousand jobs.

Agreement on digital declaration for posted workers: On 23 June, the Council and the European Parliament reached a provisional agreement on the “eDeclaration” regulation, which establishes a multilingual public interface, managed by the Commission, enabling posting declarations to be submitted on line in a standardised format. These declarations include data on pay and work periods, as requested by the trade unions, to make it easier to perform checks. The regulation offers a high degree of flexibility: Member States are free to adhere to the system but if they do so, they are not permitted to demand any further information in addition to that specified by the form, though they can opt to gather only part of this information. The agreement also provides for documents to be submitted directly via the interface, in place of national procedures, and allows posted workers to access their own declarations (see Council press release). The text is widely supported by employers’ organisations, and on 17 June they issued a joint statement calling for the information required to remain limited to that strictly necessary for the notification process. In this sense, “the eDeclaration is positive news for businesses across Europe”, says Markus J. Beyrer, BusinessEurope Director General (see press release). For her part, Isabelle Schömann, ETUC Deputy General Secretary, pays tribute to Parliament’s negotiators, who “have effectively neutralised a dangerous push for deregulation” (see press release). The provisional agreement has yet to be formally approved by both institutions before it enters into force.

Spain

A new action plan to prevent workers being exposed to excessive summertime heat: This plan, which was adopted on 9 June at the Council of Ministers, strengthens the monitoring of activities where workers are most exposed to high temperatures. The document sets out measures designed to protect workers, particularly in the agricultural and construction sectors (see press release). The National Institute of Occupational Health and Safety (INSST) and the Labour Inspectorate are planning to run information and prevention campaigns, and  to give greater priority to handling complaints made by workers suffering from heat stress (see press release). Decree 8/2024 continues to be applicable: it provides for four days’ leave in cases where it is impossible for workers to access their workplace or where protection protocols have to be applied due to high temperatures. At a conference held on 15 June, Employment Minister Yolanda Díaz indicated that during the summer of 2025 (June-September), the Labour Inspectorate took “more than 10,000 actions relating to unfavourable environmental conditions, which identified almost 300 offences and led to the imposition of penalties amounting to almost 1,600,000 euros”.

Belgium

Reform introducing widespread recourse to flexi-jobs enters into force: The law introducing miscellaneous provisions concerning flexi-jobs – which escape the usual rules applicable to social security contributions and taxation – was approved by the Chamber of Representatives on 18 June. On 1 July, the option of flexi-jobs is being extended to a majority of sectors, subject to compliance with eligibility conditions on taking them. These vary according to circumstances (full-time workers, pensioners, temporary agency workers, etc.). An assessment will be made one year after the reform has entered into force, to analyse its effects on the labour market and on workers’ health, plus its budgetary repercussions, among other things. The FGTB trade union confederation is sceptical and critical of a reform that will cost the State and the social security system “more than half a billion euros” (see press release). The Belgium Employers’ Federation, on the other hand, sees flexi-jobs as “a catalyst providing opportunities for workers, pensioners and businesses” (see press release).

One employee in five can always be contacted, and is never left in peace

As part of a major study (*) update, Eurofound has published an article examining the right to disconnect. Data gathered by the latest European Working Conditions Survey (EWCS 2024) shows that one in five employees across the EU (i.e. a total of 39.4 million workers) reports being contacted for work-related reasons outside their working hours several times a month. This phenomenon is directly linked to stress: among the persons contacted on a daily basis, nearly 6 in 10 (59%) report experiencing stress at work always or almost all of the time, compared to just 17% for those who are never contacted outside working hours. Workload also plays a role: when employees do not have enough time to complete their tasks during normal working hours, work is more likely to spill beyond contractual hours. The study also looks at the legislation regulating the right to disconnect, which has been enacted in 13 Member States, and emphasises its effectiveness: France, which has been a pioneer in this area, has one of the lowest levels of out-of-hours contact (17%), compared to 31% in Sweden and the Netherlands, where no there is legislation. This data will feed into the debate around the future European law on quality jobs, which the European Commission is due to put forward by the year-end.

(*) Working anytime and anywhere in the EU after the pandemic: The effects on quality of working time

Key Statistic

22,7 %

This is the average proportion of employees contacted outside their working hours at least several times a month in the European Union in 2024.

According to data mapped by Eurofound, this rate varies significantly from one country to another. Sweden and the Netherlands have the highest levels, at 31% each, followed by Croatia (29%) and the Czech Republic (27%). Conversely, Poland has the lowest rate (15%), ahead of France (17%) and Germany (18%).