The issue is not only how much CO₂ an oil company emits from its own facilities, but also how much it causes through the sale of oil and gas. It is on this distinction—which has so far remained on the margins of climate litigation—that the Paris Court of Justice has based a ruling destined to have implications far beyond the TotalEnergies case.
The judges ruled that the French group must also include climate risks related to Scope 3 emissions—that is, those resulting from customers’ use of fuels and natural gas— in its compliance plan. Within six months, the company will be required to submit a new risk assessment and outline the measures taken to address these risks. If the plan is deemed insufficient, the proceedings could be reopened, leading to further legal consequences.
Legal Precedent
The ruling does not fully grant the requests made by the coalition of environmental organizations and the City of Paris. The court did not halt new fossil fuel projects nor did it order a reduction in oil and gas production in line with the targets requested by the plaintiffs. The principle established, however, is set to become a legal precedent.
In fact, for the first time, the 2017 French law on the duty of care of large companies is being applied in the context of climate action, recognizing that corporate obligations extend beyond direct emissions from facilities (Scope 1 and 2) to include those generated by the use of products placed on the market. For an oil company, this means taking into account the largest portion of its climate footprint: approximately 90% of its total emissions.
From Climate Risk to Corporate Responsibility
According to the Court, TotalEnergies cannot argue that emissions produced by consumers are entirely outside its sphere of responsibility. While not attributing legal liability to the company for every action taken by its customers, the judges recognized that the energy group has sufficient leeway to ensure that such emissions are included in the risk assessment required by the regulations on the duty of care.
The coalition—comprising Notre Affaire à Tous, Sherpa, France Nature Environnement, and the City of Paris—called the ruling “a historic decision for French climate law.” In a press release issued after the ruling, the organizations emphasized that the court recognized the existence of a climate oversight obligation extending to Scope 3 emissions and ordered the multinational corporation to update its plan within six months.
The matter, however, is not yet settled. The Court has postponed its ruling on TotalEnergies’ overall climate strategy. The new monitoring plan, expected by January 2027, will determine whether the measures identified will be deemed adequate or whether the company will need to adopt additional ones.
