Introduction

Climate change has led to hundreds of actions worldwide in recent years, based on the principle that public and private actors should be held responsible and take measures accordingly. These actions call into question the responsibility of states as well as large international companies.

States are Primarily Responsible for Climate Inaction

Several actions in France have advanced this emerging concept of public climate responsibility. Starting with litigation over air quality, it has evolved into genuine climate litigation.

Associations have initiated actions against governments to compel them to act by modifying their legislative and regulatory frameworks, in order to urge companies to change their own approach.

The French government has thus been held responsible for the climate crisis due to its failure to act. The Paris Administrative Court ordered the state to take all necessary measures to repair the ecological damage. In another case, the Supreme Court (Conseil d’Etat) ruled that the French government was under an obligation to respect its climate commitments and ordered it to take all necessary measures to comply.

The judge upheld a result-based obligation derived from European Union secondary legislation and the case law of the Court of Justice of the European Union (CJEU). In October 2019, the CJEU also found that France had failed to adopt appropriate measures in good time (CJEU, 7th Ch., 24 Oct. 2019, Case C-636/18).

Recently, on 16 June 2023, the Paris Administrative Court, relying mainly on the CJEU’s interpretation of the provisions of the Treaty on European Union and Directive 2008/50/EC of 21 May 2008 on ambient air quality, ordered the French state to compensate children who suffered harm from air pollution, finding a causal link between the pollution and the victims’ physical injuries.

These decisions can be compared to the ruling of the Dutch Supreme Court which compelled the Dutch government to increase its greenhouse gas emissions reduction targets. Additionally, the German Constitutional Court held Germany responsible in April 2021 for failing to take sufficient measures to combat climate change, enjoining the government to review its policy on this point.

Companies are Economic Actors Also Targeted by Citizens’ Actions

Actions against large companies are multiplying, both in France and abroad, with diverse legal grounds invoked to hold companies accountable before the courts. The logic is the same as in actions against states: to hold industries accountable for the human and environmental damages they cause.

These legal actions are based on the duty of care and rely, in particular, on the legal basis of misleading commercial practices, particularly regarding environmental claims that the courts are called upon to review in terms of both form and content. Brands such as Adidas and New Balance have been sued for misleading commercial practices.

The most striking actions concern carbon neutrality. The most emblematic case in France undoubtedly involves legal proceedings against TotalEnergies for misleading commercial practices brought by several NGOs, accusing the company of misleading consumers regarding its “net zero” commitment.

These actions prompt companies to exercise greater caution in the environmental information they provide in their various communications, as this information can become a source of litigation.