| A family in central Europe, supported by an Australian national & a French Group | |
|---|---|
| Lead NCP | France |
| Supporting NCP(s) | Australia, Austria, Germany, Netherlands, Poland, United States |
| Description | Specific instance alleging a non-observance of the OECD Guidelines. |
| Theme(s) | General policies, Human rights |
| Date | 7 Jul 2020 |
| Host country(ies) | Poland |
| Source | Individuals |
| Industry sector | Real estate activities |
| Status | Concluded |
| Summary | Read the Final Statement published by the NCP 22 July 2022: English / French On 7 July 2020, an Australian national, supporting a family living in Central Europe, submitted a specific instance to the French NCP alleging that a French group active in the real estate sector had not observed the General Policies (Chapter II) and Human Rights (Chapter IV) provisions of the Guidelines. Specifically, the submitter alleges that the family owned land and a plant in Upper Silesia (Poland) as of 1923, and that the goods were plundered in 1939. The building now constructed on the land has been owned since 2007 by a Polish subsidiary of a French MNE. The submitter questions the French MNE’s due diligence regarding human rights at the time of acquisition and presently. The submitters entered the process seeking return of land in the form of financial compensation. The French NCP consulted with the NCPs of Australia, Austria, Germany, Netherlands, Poland, and the United States of America. The NCP noted a lengthy initial assessment phase due to the coordination, passage of time since the issues took place, complexity, legal considerations, and the sensitivity of the matter. The NCP completed the initial assessment on 1 April 2021, and offered its good offices to the parties involved, which the company refused. The NCP accordingly published a final statement on 22 July 2022 concluding the specific instance without agreement between the parties. The NCP assessed the acquisition of the building in 2005-2007 based on the 2000 version of the Guidelines and considered the company’s subsequent due diligence practice also in light of the 2011 Guidelines. The NCP determined that the French MNE did observe the Guidelines but notes that the MNE’s land and real estate acquisition policy does not contain specific guidance for high-risk areas. The NCP recommends the company to update its policy, and that the Group draw on due diligence measures in order to review its current real estate acquisitions located in particularly high-risk geographical areas and to strengthen the identification of human rights risks for its future projects. The NCP invited the French Group to keep it informed of progress made towards the recommendations. The NCP decided to keep all names confidential. |
