Sustainable Boards: European and French Perspectives at the time of the EU Omnibus Package: 3CL Seminar

Public Lectures from the Faculty of Law, University of Cambridge

Speaker: Professor Catherine Malecki (University of Rennes)

Even in the context of the future EU Omnibus Package and the EU Directive n°2025/794 of 14 April 2025 'Stop-the-Clock', Companies and there directors must face an increasing climate litigation and this change cannot go back 20 years of progress in Sustainable Corporate Governance which is on the way on both sides of the Atlantic Ocean and in Asia. Indeed, the European Commission has been releasing innovative and often complex regulations at a breakneck speed since 2018 (CSRD, CS3D, Taxonomy, to name a few) and it would be inconceivable to come back to 2001 at the time of the first European Recommendation on CSR and to ignore the EU Green Deal of 2019.

Directors have to take into account negatives externalities and stringent obligations such as the Transition Plans. Even if the the next generation of sustainable board directors is well aware of Climate risks, several questions may arise : is there a need to reshape the board despite the EU Directive WoB Women in board of 23 November 2022? What about the pressure of the Stakeholders and the pressure of the Sustainable Strategy ? In France, in the wake of the Due Diligence Law of 27 March 2017, climate litigation is also increasing (for example TotalEnergies, CA Paris, 18 June 2024) and France was the first State Member for having implemented the CSRD in December 2023. Didn't all this happen too quickly ? Can we stop European time when tackling Climate change is rather a race against time? La Fontaine famous fable " the Hare and the Tortoise" is full of wisdom.

Biography: Catherine Malecki is Professor of Private Law Rennes 2 University France and Member of the IUF (Institut universitaire de France) Fundamental Chair.

For more information see the Centre for Corporate and Commercial Law website:

http://www.3cl.law.cam.ac.uk/