Commission has initiated a series of actions to guarantee the enactment of its suggested plans.
Forever the Trailblazer, Sometimes the Fall Guy
Olympique de Marseille proudly sports the motto "Forever the first," in honor of being the first French football club to clinch the Champions League back in 1993. On the flip side, being first isn't always a feather in one's cap—take La Poste, for instance. This French postal service remains forever etched in history as the first company in France to be convicted for flunking its duty of vigilance, outdoing corporations like TotalEnergies and EDF, who are currently awaiting verdicts after similar accusations.
The Paris Court of Appeal made this ruling official on June 17, 2025. Tracing back to 2023, the Paris Judicial Court condemned La Poste for falling short in complying with the 2017 law, which requires large companies to curb environmental and social risks not only in their own operations but also in those of their subcontractors.
La Poste is under fire for launching a "risk map" deemed "too vague" by the court in 2021. While the mail giant claims to have corrected its shortcomings since, it implores public authorities to exercise "coherent and proportionate diligence" in enforcing duty-of-care provisions, ensuring fair competition within the EU.
Key Details: La Poste became the first French company to be convicted for failing to fulfill its duty of vigilance under the French Duty of Vigilance Law [1][3]. The conviction was issued on December 5, 2023, by the Paris Judicial Tribunal, which found that La Poste's Vigilance Plan was inadequate in preventing the employment of undocumented workers by its subcontractors [1].
As a result, the Tribunal mandated La Poste to upgrade its risk mapping, enhance its subcontractor evaluation protocols, and fortify its warning systems in conjunction with trade unions. However, the court rejected the plaintiff’s demand for La Poste to enforce specific anti-illicit work measures [1].
La Poste contested this verdict, emphasizing the need for clarification on the practical and procedural aspects of the Duty of Vigilance Law's implementation. The company also pointed out the lack of governmental guidance on enforcing the Duty of Vigilance Law and the broader uncertainties related to European Human Rights Due Diligence directives [1].
The Paris Court of Appeal ultimately upheld the initial Tribunal’s decision on June 17, 2025. The court emphasized that HREDD measures must be precise and adapted to the company's activities [1]. Regarding risk mapping, companies should not aim to foresee every potential adverse impact but should instead clearly identify risks of serious violations and prioritize the ones most likely to occur or have the most severe consequences. The court also underscored that while the law does not formally call for stakeholder consultation during risk mapping, it does mandate fruitful dialogue with relevant trade unions when establishing alert and grievance mechanisms [1].
This conviction stands out as the first comprehensive ruling on the Duty of Vigilance Law by French courts, setting a precedent illustrating judicial expectations for corporate vigilance in France. The decision underscores the significance of specific, actionable due diligence measures and extensive engagement with social partners to meet legal obligations effectively [1][2][4].
- In the realm of business, La Poste became the trailblazer for being the first French company to face conviction under the French Duty of Vigilance Law for inadequate risk mapping and subcontractor evaluation.
- Blending science and industry, companies must now refocus their environmental-science efforts to ensure compliance with Duty of Vigilance Law requirements, as La Poste has demonstrated the potential financial implications.
- To sustain a competitive edge in finance within the European Union, industries must exercise diligence in implementing clear and coherent strategies to address environmental, social, and financial risks, as the conviction of La Poste has shown the importance of adherence to duty-of-vigilance provisions.
