FRANCE Trends and Developments Contributed by: Myriam Epelbaum, Tom Vauthier and Pauline Joly, Bredin Prat
updates to SNCF’s vigilance plan, noting, in particu- lar, the insufficiently specific allegations (including on environmental risks). Both cases had been instigated by labour organisations (as opposed to most other cases having been initiated by NGOs, generally on broader issues). Recent French case law on the Duty of Vigilance – most notably the La Poste judgments – offers cross- cutting guidance that applies irrespective of the sus- tainability risks at stake: • Risk mapping – the Paris Court of Appeal con- firmed that risk mapping is a pivotal part of the Vigilance plan. It must be synthetic yet sufficiently precise, avoiding overly broad categories, and must identify, analyse, and prioritise the most significant risks independently of any existing mitigation measures. Downstream measures (third- party assessments, actions, monitoring) must be calibrated to what the mapping actually reveals (CA Paris, 17 June 2025, RG No 24/05193, La Poste). Courts may also compel disclosure of the underlying documentation used to prepare the risk map, underscoring the need for robust substantia- tion (Ord. JME, TJ Paris, 18 September 2025 No 23/09018). • Stakeholder consultation – the Courts distinguish between general dialogue during the risk mapping and genuine, effective consultation for the alert mechanism, which the company must be able to document, given that the burden of proof rests with the company it since the burden of proof lies on it (CA Paris, 17 June 2025, RG No 24/05193, La Poste). • Monitoring system – monitoring must be directly linked to the risks identified and to the measures adopted; indicators should track prevention objec- tives and enable an assessment of effectiveness. A generic KPI set disconnected from mapped risks is insufficient (CA Paris, 17 June 2025, RG No 24/05193, La Poste). Other
from the Dieselgate scandal, the French Higher Court ( Cour de Cassation ) set aside the judgments of the lower courts that had declined to order termination of a vehicle sale. The Court reasoned that the seller’s core obligation to deliver goods in conformity with the contract under Article 1604 of the Civil Code, in conjunction with the general mechanism permitting termination for non-performance under former Article 1184, must “be interpreted in the light of Articles 1 and 2 of the Environmental Charter, according to which, on the one hand, everyone has the right to live in a bal- anced environment which respects health and, on the other, every person has the duty to participate in the preservation and improvement of the environment”. The Court further recalled, by reference to the Con- stitutional Council’s decision of 8 April 2011 (Cons. const., No 2011-116 QPC, paragraph 5), that the rights and duties set forth in the Environmental Char- ter – which has constitutional status in French law – bind not only public authorities but also private per- sons, each of whom is subject to a duty of vigilance regarding environmental harm that may result from their activities. It follows that, under French Law, contractual provi- sions and the obligations they entail may be construed in light of a general duty of environmental vigilance. French low-carbon label reform The Low-Carbon Label (Label bas-carbone), estab- lished by Decree No 2018-1043 of 28 November 2018 pursuant to Articles L. 222-1 1A and related provisions, as well as Article L. 229-1 of the French Environmental Code, serves as France’s official certifi- cation framework for voluntary greenhouse gas reduc- tion and carbon sequestration projects. In April 2025, a draft decree and a ministerial order were submitted to public consultation to update the scheme’s governance, align methodologies with the upcoming EU Carbon Removal Certification Frame- work (CRCF), and simplify procedures for collective projects. The reform also aims to authorise the trans- fer of certified carbon credits (which is not possible under the current regime) so as to comply with the CSRD framework (the ESRS define a carbon credit as “[a] transferable or tradable instrument that repre-
General duty of diligence regarding the environment - “Dieselgate” litigation
In its ruling of 24 September 2025 (Cass. civ. 1re, No 23-23.869), issued in the context of litigation arising
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