The trial in the case brought by Hugues Falys, a farmer from Hainaut, against oil giant TotalEnergies has only just begun, but has already taken a surprising turn. The judges who were to preside over the case will be replaced.

The reason for this reshuffle? One of the three judges on the court has withdrawn due to a lack of impartiality, or the appearance thereof.

The exemption of a judge from a court case is a regular occurrence in legal practice. Still, the commercial court in Tournai confirmed that none of the parties involved had filed a challenge against any of the judges with the court registry.

“This means that at least one of the magistrates felt he had to withdraw due to a lack of impartiality and objectivity,” responded the ‘Farmer Case’, the label representing the plaintiffs. No explanation was given for this alleged partiality.

‘Consular judges’

In Belgium, the commercial court, which is responsible for settling disputes between companies, is composed of a professional magistrate assisted by two judges, known as “consular judges,” who come from the business world and bring their experience in this sector.

Today was supposed to be the second day of hearings in the case brought by an organic farmer from Hainaut and three NGOs against TotalEnergies. Still, now that the judges are being replaced, the hearing will be devoted to setting a new calendar.

First climate case against a multinational

The French fossil fuel giant is facing charges for its role in the extreme climate events that Falys has had to contend with in recent years and to which TotalEnergies has contributed. This is the first climate case against a multinational in Belgium.

With the ‘Farmer Case,’ Falys, who is supported by the NGOs Greenpeace, FIAN, and La Ligue de droits humains, wants to force TotalEnergies to adopt a credible transition plan that includes a moratorium on investment in fossil fuel projects, a 60% reduction in greenhouse gas emissions by 2030, and a 75% reduction in oil and gas production by 2040.