Director’s Fiduciary Duties and the future Corporate Sustainability Due Diligence Directive in the Wake of English Case Law - European Business Law Review View Director’s Fiduciary Duties and the future Corporate Sustainability Due Diligence Directive in the Wake of English Case Law by - European Business Law Review Director’s Fiduciary Duties and the future Corporate Sustainability Due Diligence Directive in the Wake of English Case Law 35 7

Climate litigation is on the rise and may raise legitimate questions. As the same issues apply in France and the United Kingdom, a highly instructive English decision provides an opportunity to present the state of play and possible improvements to French law during this period of European normative effervescence marked by constant changes, particularly for stakeholders. In such a context, a French-style Business Judgment Rule would be welcome, with commendable signals recently emerging from the OECD Guidelines on Responsible Conduct for Multinational Enterprise; in such a context, NGO shareholders can play a valuable role as “Big Sisters” if they act in the interests of society as a whole, for the benefit of all its members.

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