Duty of vigilance: why are lawsuits against multinationals plummeting?

Only two summonses were filed last year on the basis of the duty of vigilance, following a blank year in 2024. This figure is in sharp decline compared with the first years of the law’s application, particularly the 2020–2023 period. This decrease raises questions about the relevance of this regulation, which was presented as pioneering when it was adopted. Between corporate progress and new legal risks, Pierrick Le Goff shares his analysis.

A slowdown in legal proceedings

The 2017 law on the duty of vigilance requires large companies, in their domestic and international activities, to prevent risks of harm to the environment, human rights, as well as to the health and safety of individuals. After an initial phase marked by a wave of legal actions, momentum now appears to be fading.

According to Pierrick Le Goff, two main factors may explain this slowdown:

The failure of the first claims: Many actions brought during the early years were dismissed by the courts, with claimants being unsuccessful, which may have discouraged the initiation of new proceedings.
The growing maturity of companies: From a more positive perspective, multinationals have taken the issue seriously by investing more resources and means to manage these new risks.

A return to voluntarism?

The current European regulatory framework also appears to be seeking a balance so as not to stifle companies with overly burdensome standards. While some see this as a retreat from “hard law,” Pierrick Le Goff sees in it a possible return to the noble spirit of sustainable development focused on voluntary and values-driven initiatives.

For the most forward-thinking companies, commitment is not merely a matter of legislative constraint, but a voluntary approach that they intend to pursue despite headwinds or regulatory rollbacks.

Beyond vigilance: the emergence of new risks

While the number of summonses based on the duty of vigilance is decreasing, companies and their executives are facing new threats:

Greenwashing: This risk now concerns all companies, regardless of their size.
Personal liability of governing bodies: Legal actions no longer target only companies, but directly their management and governing bodies.
Criminalization of activities: Criminal risks are increasing, particularly for multinationals operating in conflict zones.

In conclusion, the legal framework is evolving. While the duty of vigilance appears to be entering a phase of stagnation, pressure on companies is shifting toward issues of ethical communication, sound governance, and criminal risk management.