Hugues Falys, FIAN, Greenpeace, Ligue des droits humains v. TotalEnergies (The Farmer Case)

In March 2024, a legal action was launched by Hugues Falys, a farmer and several associations (FIAN, Greenpeace, Ligue des droits humains) against Total Energies. The summons was filed on March 13, 2024, with the Commercial Court of Tournai. The legal basis is Belgian extra-contractual civil liability (articles 1382 and 1383 of the former Civil Code). The court has set April 16, 2024 as the date for the introductory hearing so that both parties could agree on the timeline for the legal proceedings (exchange of pleadings, hearings, etc.). This is the first time that a citizen has taken a multinational to court in Belgium over a climate dispute. In order to repair past damage and prevent the occurrence of future and certain damage, the plaintiffs request that TotalEnergies be ordered to: - immediately halt investment in new fossil fuel projects (gas and oil); - reduce its GHG emissions linked to the production and delivery of fossil fuels by at least 60% by 2030, compared with 2023 levels; - reduce oil production by 47% by 2030, 75% by 2040 and 90% by 2050 compared to 2020 levels; - reduce its gas production by 47% by 2030, 75% by 2040 and 85% by 2050 compared with 2020; - adopt and communicate to the applicant a realistic transition plan, including the above three points, based on the best current scientific knowledge and aligned with the objectives of the Paris Agreement. The plaintiffs request that all these injunctions be accompanied by a penalty of one million euros per month of delay in complying with the injunctions to be issued.