Case - France - EDF Mexico

EDF Mexico

Summary of facts

EDF plans to build a wind farm on an indigenous community’s land in Mexico. The right of the community to provide their free, prior and informed consent to this project has not been respected, leading to significant polarisation within the community and an increase in violence towards human rights defenders. In October 2019, the representatives of the Mexican indigenous community Unión Hidalgo, the Mexican human rights organisation ProDESC and the European Center for Constitutional and Human Rights (ECCHR) sent a formal notice to EDF under the French Duty of Vigilance Law.

Timeline

2023 Paris Court of Appeal

Jurisdiction

Yes

Applicable Law

French Duty of Vigilance Law

Legal issues

In 2022 EDF contests the admissibility of the appeal launched by the claimants, but in March 2023 Paris Court of Appeal declares the appeal admissible.

Ruling / Outcome

Ongoing

2020 Paris Civil Court

Jurisdiction

Yes

Applicable Law

French Duty of Vigilance Law

Legal issues

The purpose of the legal action is to order EDF to take appropriate measures to respect the rights of the indigenous community and prevent risks to the physical integrity of its members, as well as compensate for the harm already done to them.
June 2020 EDF is summoned to appear at Paris Civil Court
Due to the slow pace of the legal proceedings and the imminent risk of serious and irreversible human rights violations, the claimants request the pre-trial judge to order provisional measures involving the suspension of the project until the company complies with its duty of vigilance.

Ruling / Outcome

2021 Paris Civil Court declares the action inadmissible

on the grounds that the letter of formal notice and the summons do

not concern the same vigilance plan. However, this condition does not

exist under the duty of vigilance law. The judge also rejects the request

for provisional measures without even examining the merits of it, considering it linked to the request for an injunction.

Court case