TotalEnergies to appeal Paris court order forcing it to account for customer fuel emissions

The court ruling

On 25 June 2026, the Paris judicial court ruled that TotalEnergies' vigilance plan was incomplete, ordering the company to integrate the CO2 emissions generated when customers burn its fuel products. The decision was issued under France's 2017 corporate duty of vigilance law, which requires large French companies to publish a document mapping serious risks to human rights, health and the environment across their own activities and those of their subsidiaries, suppliers and subcontractors, and to implement "reasonable vigilance measures" to prevent them. The court found TotalEnergies responsible for the planet-warming emissions released by end-users, a scope the company had not previously included. The injunction was granted with provisional execution, meaning the group must comply immediately and any appeal does not suspend the obligation. TotalEnergies was given six months to bring its plan into conformity, with a new judicial review scheduled for early 2027.

TotalEnergies appeals

On Monday 27 July, TotalEnergies announced it would appeal the decision, following deliberation by its board of directors. In a statement, the energy giant argued that the law was never intended to cover risks arising from customers' use of products, over which the company has no control.

Imposing on companies in the energy, defense, aeronautics or automotive sectors... control of risks resulting from the use of their products by their customers does not appear to be in line with the objectives of the law, nor with the principles of legal certainty and freedom of enterprise.

The company also pointed to the public prosecutor's submission during the case, which stated that climate change is a global issue primarily the responsibility of the international community of states.

Climate change is a global phenomenon that is the business of everyone but essentially a responsibility of the international community of states.

The scope of responsibility

TotalEnergies maintains that the duty of vigilance law holds companies accountable for risks from their own activities, subsidiaries, suppliers and subcontractors, not from the independent choices of end-users. The company illustrated the point by noting that it does not decide whether a motorist fills up with gasoline, biodiesel or switches to an electric vehicle.

It is not TotalEnergies who decides whether a motorist chooses to drive on gasoline, biodiesel or an electric vehicle.

The Paris court's interpretation, however, found that the emissions released when customers burn the company's fuels are a foreseeable consequence of its business, and thus fall within the scope of the vigilance obligation. The ruling is part of a broader global wave of climate litigation targeting multinationals, seeking to hold them accountable for downstream emissions.

What comes next

Despite the appeal, the provisional execution order means TotalEnergies must begin adapting its vigilance plan immediately. The company faces a compliance deadline of late December 2026, with a court review set for early 2027. The appeal process will run in parallel, potentially setting a precedent for how far French corporate vigilance law extends into the value chain.