The National Financial Prosecutor’s Office (PNF) announced yesterday that it had closed the case without further action. the complaint filed in 2021 against Patrick Pouyanné and against X by Greenpeace France, Anticor and the Sphinx [1] for the crimes of illegal taking of interests and favoritism.
The complainant associations are extremely surprised that at the end of his investigationthe PNF considered the reported offences to be insufficiently characterised, contrary to the most rigorous case law in matters of illegal taking of interests.
As a reminder, Patrick Pouyanné was accused of having abused his position as a member of the Board of Directors of Polytechnique concerning a project to set up a TotalEnergies research center on the campus. Under pressure from associations and the mobilization of many students and teachers, The project was eventually abandonedThe independence of public higher education is at stake in this case, which concerned an attempt by the private sector to take over the training of researchers and public decision-makers.
For Bastien Cuq, Secretary General of the Sphinx: « This case has exposed the great opacity of the financing of higher education institutions by fossil fuel companies. To this day, the École Polytechnique persists in its refusal to be transparent about the content of its partnerships with TotalEnergies. We will continue to mobilize to obtain the publicity of these contracts and the establishment of mechanisms to prevent conflicts of interest in the governance of the institution. ».
This procedure constituted the only known criminal legal case against the CEO of the most powerful French multinational, despite the major’s regular accusations, particularly for breaches of integrity.
For Clara Gonzales, lawyer at Greenpeace France: « The dismissal of the case does not erase the defeat of the attempted infiltration of TotalEnergies, which abandoned its project in 2022. This case is not just the Patrick Pouyanné case: it is an entire system, that of the infiltration of private economic interests, of TotalEnergies’ attempts to influence research, which is concerned, and in the face of which impunity must not be the rule. ».
This decision represents a step backwards in the fight against breaches of integrity, which worries the complainants.
The associations regret that a case targeting a particularly influential personality, a French multinational and a leading public institution, did not lead to the appointment of an investigating judge independent of the executive branch.
Anticor, La Sphinx and Greenpeace France are considering filing a complaint with civil action so that an investigating judge can be appointed.
For Inès Bernard, General Delegate of Anticor: « Anticor deplores that the PNF did not choose to entrust the investigations to an investigating judge, independent of the executive branch, given the seriousness of the facts and the position of Patrick Pouyanné, CEO of the multinational Total. Anticor’s intervention in this case was intended to circumvent a possible dismissal without further action. The government’s refusal to renew Anticor’s approval deprives citizens of this possibility because under these conditions, referral to an investigating judge is uncertain.”
[1] The Sphinx is an association bringing together students and former students of the École Polytechnique.
Contacts presse :
Anticor : Service communication – 06 52 60 75 05 – [email protected]
Greenpeace France : Guillaumine Lickel – [email protected]
La Sphinx : [email protected]
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