"Lafarge, Aldi, Uniqlo: Business and Human Rights Litigation Is Picking Up Throughout Europe", 9 Sep 2021

...These one-of-a-kind criminal proceedings against Lafarge are only the tip of the iceberg regarding the emergence of business and human rights-related litigation in France. One should also keep in mind the ongoing trial faced by Total for breach of its duty of vigilance in connection with its activities in Uganda. The French Duty of Vigilance Act, which came into force in March 2017, requires parent companies to devise, publish and implement a "vigilance plan" to identify human rights and environmental risks and introduce measures to address them. Litigation for breach of this duty of vigilance is definitely gaining momentum in France, with several major companies (e.g., McDonald’s, Leroy Merlin, Lactalis, etc.) under scrutiny by active NGOs such as Sherpa, which could potentially result in litigation in the near future...  

Germany is also witnessing the emergence of human rights-related litigation, especially now that the Supply Chain Act (Lieferkettengesetz) has been enacted. Earlier this week, the ECCHR filed a complaint against major German retail brands including Aldi, Lidl, Hugo Boss and C&A for allegedly benefiting from forced labor of the Uyghur in China. According to an ECCHR representative, the complaint raises the question as to whether entertaining business relationships with suppliers located in the Chinese Xinjiang region - where Uyghur are subject to forced labor - could be characterized as aiding and abetting those international crimes. This line of argument recalls the one successfully put forward by ECCHR in the Lafarge litigation, for which the NGO was recognized as having the standing to act as a victim...