ESG Enforcement Tracker

Key facts:

On 15 November 2016, Sherpa, the European Center for Constitutional and Human Rights (ECCHR) and 11 former Syrian employees of Lafarge filed a complaint in France against Lafarge, its Syrian subsidiary and several executives. The complaint against Lafarge was based on claims of financing a terrorist enterprise, aiding and abetting war crimes and crimes against humanity, abusive labour exploitation and endangering the lives of others.

On 9 June 2017, the Public Prosecutor’s Office asked the investigating judge to investigate the charges of financing a terrorist enterprise, subjecting individuals to working conditions incompatible with human dignity and endangering lives.

Lafarge was charged on 28 June 2018 on counts including aiding and abetting crimes against humanity, financing a terrorist enterprise, and endangering the lives of others. On 27 December 2018, the company applied to the Investigating Chamber for its indictment to be quashed, which was rejected by judgment of 24 October 2019.

In a judgment in September 2021, the Cour de Cassation, France’s Supreme Court, quashed and set aside this decision and referred the case back to the Investigating Division of the Paris Court of Appeal.

On 16 January 2024, the French Supreme Court confirmed the charge of complicity in crimes against humanity, but dropped the charge of endangering lives. The court agreed with Lafarge’s contention that there had been no special obligation to protect the workers as French employment law was not applicable, and a particular duty of care or safety did not exist. Under [Regulation (CE) n° 593/2008 of the European Parliament and Council Conseil of 17 June 2008] / [EU law], in the absence of a choice by the parties, an individual employment contract is governed by the law of the country in which or from which the employee usually performs his contract. Only if it was clear from all the circumstances that the contract was more closely connected with France than Syria would French law have governed the employment contract.

On 16 November 2024, French investigating judges ordered Lafarge SA and four executives to stand trial before the French criminal court for financing a terrorist organisation and violating an embargo. Four other individuals will also stand trial.