TotalEnergies failed to secure a conviction against Greenpeace. The environmental NGO was accused by TotalEnergies of “disseminating false and misleading information” concerning its carbon footprint, a charge dismissed by the courts. The decision comes as TotalEnergies celebrates its centenary on March 28, 2024.
The accusations and Greenpeace’s defense
TotalEnergies is facing two complaints for “misleading commercial practices” in connection with the presentation of its climate policy, one brought before a civil court in Paris and the other leading to a criminal investigation by the Nanterre public prosecutor’s office. In a report published at the end of 2022, Greenpeace estimated that TotalEnergies’ annual emissions were four times higher than the figures reported by the company, i.e. 1.6 billion tonnes of CO2 equivalent versus 455 million declared. In response, TotalEnergies sued the NGO and analysis firm Factor-X in April 2023, for disseminating misleading information, demanding the depublication of the Greenpeace report and 50,000 euros in legal costs.
The judicial decision and its implications
The court quashed TotalEnergies’ summons against Greenpeace and Factor-X, citing a “lack of precision” that did not allow the defendants to prepare adequately. The judge did not consider TotalEnergies’ action an abuse of process, but dismissed the complaint for lack of clarity. The decision comes as TotalEnergies considers the next steps in the case, in what is its first lawsuit in France against an environmental association.
Greenpeace’s reaction and the cost to TotalEnergies
Greenpeace welcomed the court ruling as a victory against what it sees as an attempt to suppress freedom of expression. The court also ordered TotalEnergies to pay 15,000 euros in legal costs to Greenpeace and Factor-X. This legal outcome does not directly open the debate on TotalEnergies’ methods of accounting for CO2 emissions, but it could influence future interactions between companies and climate activists.
The legal battle between TotalEnergies and Greenpeace is not limited to this decision; TotalEnergies has the option of appealing. This case highlights the growing need for clear regulations on greenhouse gas emissions accounting and greenwashing, at a time when environmental transparency is becoming a major issue for companies and climate activists alike.
