After an overview of French and European legislation, Mr. Julien Martinet discussed the main litigation risks related to the duty of care, greenwashing, and carbon neutrality allegations. He then analyzed significant court decisions and their contributions, before revisiting ongoing cases and concluding by presenting new legal strategies developed in demand (unilateral commitment, quasi-contract, general obligation of environmental vigilance).
On the same topic, a second panel discussion was held at the AEDBF conference on November 17, 2023, focusing on “Extra-Financial Transparency, Reflections and Challenges on Sustainability and the Duty of Care.” The panel included Mr. Matthieu Brochier, Mr. Julien Martinet, Marie-Anne Besançon (Legal Director for Litigation at TotalEnergies), and Georges Dirani (Legal Director of BNP PARIBAS).
Mr. Julien Martinet first provided some introductory remarks on the duty of care law before presenting and analyzing the initial court decisions.