Duty of vigilance: the Paris Judicial Court uses amici curiae

02/11/2022

Duty of vigilance: the Paris Judicial Court uses amici curiae

On October 27, the summary proceedings panel of the Paris District Court (Tribunal judiciaire de Paris) heard three academics intervening as amici curiae, to inform the Court on the concept of “duty of vigilance” as set forth by law of March 23, 2017.

This hearing was part of the action initiated by the French NGO Les Amis de la Terre against TotalEnergies, concerning its oil project in Uganda. This action has already been the source of a major litigation, particularly concerning the competency of the Court to hear actions relating to such duty of vigilance.

Amicus curiae before French courts are rare, although not unheard of. It is particularly relevant in this case, given the uncertainties that remain regarding the scope and reach of such duty for companies to prevent the risks of their activities in terms of human rights, fundamental freedoms, the environment, etc.