The tracker · France
The 2017 pioneer of mandatory vigilance planning, and still the only regime with a decade of litigation practice behind it.
Vigilance case law maturing; Paris judicial court hearing a steady docket of plan adequacy challenges.
In plain language
The Duty of Vigilance Law requires very large French companies to establish, publish and effectively implement a vigilance plan covering risk mapping, regular assessment, mitigation actions, an alert mechanism and a monitoring scheme, spanning subsidiaries, subcontractors and established suppliers.
Because enforcement runs through civil litigation, the law has generated the richest case law in the field, from TotalEnergies to La Poste, clarifying what an adequate plan looks like and confirming that generic boilerplate does not satisfy the duty. French vigilance jurisprudence now directly informs how courts and regulators elsewhere read the CSDDD.
Obligations
The plan must include risk mapping, assessment procedures, mitigation actions, an alert mechanism and monitoring of effectiveness.
Courts have confirmed the duty covers implementation in practice, not the mere publication of a document.
The alert mechanism must be developed in consultation with representative trade unions.
Timeline
Law adopted after constitutional review removed criminal fines.
First wave of formal notices and lawsuits against energy, retail and utility companies.
La Poste ruling set the first detailed judicial standard for plan adequacy.
Docket of vigilance cases continues to grow at the Paris judicial court.
Changelog
Case law summary refreshed with recent Paris judicial court decisions.
Sources