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The Farmer Case vs TotalEnergies: a first admissibility ruling that strengthens climate case law 

  • The Tournai Commercial Court in Belgium has ruled that the legal action brought by the Farmer Case is admissible. This is a major step forward, as this decision recognises that victims of climate change can take a big polluting company to court in their own country, even if the company in question is not based there.
  • On the merits of the case, the Commercial Court has decided to put the proceedings on hold: it is awaiting the first-instance ruling in another climate case involving TotalEnergies in Paris before delivering its own decision.

Just over two years after the launch of the Farmer Case, the Tournai Commercial Court in Tournai has ruled that the legal action against TotalEnergies regarding its climate liability is admissible, despite TotalEnergies’s repeated attempts to prove otherwise.

This is a major breakthrough: the courts have recognised that victims of climate change can bring a legal action in their own country, regardless of where the big polluters responsible for this – such as TotalEnergies – are based.

On the merits of the case, the court has decided to postpone its ruling, therefore pausing its proceedings. It is awaiting the first-instance decision in the ongoing TotalEnergies climate trial in Paris, scheduled for 25 June 2026. The French multinational company was taken to the Paris Judicial Court by Sherpa, Notre Affaire à Tous, France Nature Environnement and the City of Paris for failing to fulfil its duty of vigilance on climate matters.

The Farmer Case

In March 2024, supported by three NGOs, Hugues Falys took TotalEnergies to court for its responsibility in the climate crisis. Several events – droughts and heat waves in particular – had a heavy impact on his farming activities. The Farmer Case is the first time a Belgian citizen has sued a multinational corporation for climate harms.

“An important sign of hope”

Outside the courtroom, Hugues Falys, his lawyers, and the NGO representatives hailed this as a first step in the right direction. “The court stated that agriculture is directly affected by the climate crisis, that farmers are victims of it – 8 out of 10 farmers in Belgium are suffering from climate breakdown. It also stressed that the justice system has a role to play in holding those responsible for this crisis to account. Things are changing,” said Hugues Falys.

“This is an important sign of hope,” explained Marie Doutrepont, one of the lawyers representing Hugues Falys and the three NGOs. “Indeed, it has been recognised that victims of the climate crisis can take highly polluting companies – which contribute significantly to climate change – to court in their own country, even if that is not where the company is headquartered. This is a landmark ruling.”

The court also recognised the parent company’s responsibility for the group’s energy strategy.

“We were expecting a decision today, but remain confident about the rest of the proceedings; this shows the seriousness with which the Tournai Commercial Court is treating this climate case,” concluded the organisations supporting Hugues Falys.

Next steps

The Paris Judicial Court’s decision is expected on 25 June. The Farmer Case team hopes that the Tournai Commercial Court will be able to rule shortly after.

Photos Eric de Mildt

Contact

press@thefarmercase.be

  • Greenpeace : +32 496 26 31 91
  • FIAN : +32 483 17 55 77
  • LDH : +32 473 74 16 00

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