France's Court of Cassation refers Agent Orange lawsuit to Full Court

It is convened only for cases raising issues of fundamental legal importance or requiring a unified interpretation of the law.

The decision followed a June 16 hearing on Tran To Nga's appeal on points of law. In earlier rulings, the Evry Court in 2021 and the Paris Court of Appeal in 2024 dismissed her lawsuit, finding that the defendant companies were entitled to jurisdictional immunity because they had acted at the request of the US government during the Vietnam War.

At the hearing, the Advocate General's Office at the Court of Cassation urged the court to quash the Paris Court of Appeal's ruling, allowing the court to consider Tran To Nga's claims. The Advocate General's Office argued that the companies had not acted on behalf of the US state but had operated in the interests of their client, and therefore should not automatically benefit from jurisdictional immunity.

In its July 8 decision, the Court of Cassation held that the case raises "a question of principle" warranting consideration by the Full Court to ensure a consistent interpretation of the law. Under French law, the Full Court, comprising the First President of the Court of Cassation and judges representing all of its specialised chambers, is the court's highest judicial formation for cases of exceptional importance.

Bertrand Repolt, one of Tran To Nga's two lawyers, said the referral indicates that the Court of Cassation considers the case to raise issues of principle, particularly regarding jurisdictional immunity. He added, however, that referring the matter to the Full Court is also likely to extend the proceedings by another six to 12 months.

In a statement issued the same day, Collectif Vietnam-Dioxine, which has supported Tran To Nga throughout the legal proceedings, expressed concern that the additional delay would further postpone justice for the 84-year-old plaintiff, who suffers from multiple illnesses, as well as for millions of Agent Orange victims.

The organisation nevertheless said the Full Court's decision to hear the case also reflects its historical and legal significance, while bringing the issues of jurisdictional immunity and the responsibility of multinational corporations for wartime environmental consequences before France's highest judicial formation.

French opinion supports Tran To Nga’s justice fight for AO victims

Immediately following the Paris Court of Appeal's decision on August 22 to reject the civil lawsuit filed by Tran To Nga, an 82-year-old French-Vietnamese, against 14 US chemical companies for supplying Agent Orange (AO)/dioxin to the US army during the Vietnam War, many French media outlets have reiterated her decades-long arduous and challenging fight for justice.

France's Villejuif city honours Tran To Nga with honorary citizen title

Mayor Pierre Garzon bestowed the title of "Honorary Citizen of Villejuif," the city's highest honour, upon Tran To Nga, an 82-year-old French-Vietnamese who has fought tirelessly for justice for millions of Vietnamese Agent Orange (AO)/dioxin victims.