Sustainable Directors’ Duties: European and French Perspectives in Light of the Omnibus I Simplification Package or the Dilemma of the Hare and the Tortoise

72 Abstract The issue of sustainable Directors’ Duties is more important than ever. Indeed, the proposed Omnibus 1 Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Directives 2006/43/EC, 2013/34/EU, (EU) 2022/2464 and (EU) 2024/1760 as regards certain corporate sustainability reporting and due diligence requirements, (62 pages), https://data.consilium.europa.eu/doc/document/ST-16702-2025-INIT/en/pdf (last accessed: 7 January 2026); called in this paper, Omnibus I Simplification Package. Directive, known as the Omnibus I Simplification Package, adopted on December 10, 2025, by the Council of the EU and on December 16, 2025, by the European Parliament, confirms the silence on this subject in both the CSRD and the CS3D. This text, which is due to be published in the OJEU shortly, unsurprisingly places a strong emphasis on sustainable compliance and the use of national laws. The fact that the number of companies affected is drastically reduced due to the « super » entry thresholds invites us to consider possible ways of making managers more socially responsible. It seems that the flip side of the Omnibus I Simplification Package could paradoxically be less peace of mind, the return of soft law, compliance and its possible loopholes, which are like “leaks” in the often-described impervious “board” The term “board” is used in a general sense that will be easier to use in the future for comparative studies to be conducted within the EU. screen against liability actions of all kinds thanks to national law tools. Paradoxically, even stakeholders in their more restricted form will be more vigilant. Indeed, the leeway given to managers in freely assessing “relevant” or “key stakeholders” opens the door to social and climate disputes, even with the territorial scope of the CSRD (unchanged) and the CS3D (even reduced). The French experience can be instructive in many ways, not only because of the contentious “honeymoon” period that followed the French Duty of Vigilance Law of 73 March 27, 2017, but also because France was the first State Member to transpose the CSRD. Will stakeholder pressure be effective in light of the new regulatory changes? The answers at this stage are still speculative, but one thing is certain: judges will have plenty to consider. Another thing is also certain: the risk of litigation alone is a risk to corporate reputation, which is a tangible threat to companies and their executives.