Ventanilla Oil Spill Claim

Have you been affected by the oil spill originating from La Pampilla refinery? You could be eligible for compensation.

Ventanilla Oil Spill Claim

Have you been affected by the oil spill originating from La Pampilla refinery?
You could be eligible for compensation.

WHAT IS THE CASE ABOUT?

WHAT IS THE CASE ABOUT?

On 15 January 2022, around 12,000 barrels of oil were spilled during the offloading of a tanker at La Pampilla refinery, just north of Peru’s capital, Lima.

It has been described as the worst ecological disaster to hit the country in recent history, causing significant economic and environmental damage.

The Peruvian government were forced to close the affected beaches on the North coast of Peru for the remainder of 2022, stating that they were not suitable for human activities. While the beaches were reopened in 2023, OEFA and MINAM have issued several environmental reports concluding that the affected areas are still contaminated and have high levels of hydrocarbons.

Victims, including fishermen, vendors, and restaurant owners, among others, are still unable to return to their normal activities due to the extent of the damage caused.

Stichting Environment and Fundamental Rights (SEFR) is preparing a claim against Repsol for the benefit of the parties which suffered damages as a result of the oil spill and participate in SEFR’s initiative. SEFR would bring the claim before the Dutch courts.

Timeline of Events

Timeline of Events

15 JANUARY 2022

Oil spill in the northern coast of Peru

16 JANUARY 2022

Peruvian government close affected beaches

20 APRIL 2022

Repsol announce they have finalised cleaning 28 beaches

10 JANUARY 2023

Beaches reopened

27 JANUARY 2023

OEFA report suggests hydrocarbons are still present at affected beaches

Who can claim?

Who is claiming?

Victims of this claim can include any individuals or businesses affected by the spill. This includes fishermen, vendors, restaurant owners, and transports, among others. One year on from the oil spill, the individuals and businesses affected by the oil spill have not received appropriate compensation for the damages they have suffered, and Repsol has failed to clean up the affected areas properly.

Repsol has entered into several negotiations and agreements with some of the victims, but these agreements have been executed under unfair conditions towards the victims.

In addition, Repsol has been fined on several counts by OEFA and MINAM and has many administrative proceedings before the Peruvian courts regarding their conduct after the oil spill occurred and its poor management to minimise the after effects.

What types of damages can be claimed?

What types of damages are being claimed?

Victims of the oil spill can participate in the claim for the economic and moral damages they have suffered as a result. We will use our best endeavours to claim all damages suffered. This can include, depending on the participants’ specific circumstances, for example:

  • Loss of profits for fishermen or businesses who were no longer able to use the ocean or the coastal area for their activities;
  • Loss of income for employees of businesses (such as restaurants) that were forced to close;
  • Physical or psychological damages that people suffered due to the oil spill;
  • Loss of or damage to property, such as equipment, boats or animals;
  • Increased cost of living, such as due to the loss of the possibility of using natural resources;
  • The reduced use or enjoyment of the natural landscape.

Please note that the types of damages listed above are only examples. For every individual victim or business, an assessment will be made of the types of damages suffered and the compensation due for those damages.

Whether any compensation – and, if so, which amount – must be paid by the defendants is determined by either (a) a judgment from the court(s) in the Netherlands, or (b) a settlement agreement to which SEFR and the defendant(s) have agreed. This is not determined by SEFR.

How will the claim be brought and how can I participate?

How is the claim being brought?

The claim is being brought in the Netherlands by us Stichting Environment and Fundamental Rights (SEFR). SEFR is a non-profit foundation incorporated in the Netherlands. Its purpose is to represent the interests of people who have been negatively affected by the activities of corporations, including activities that cause environmental damage or infringe human rights. SEFR aims to hold those corporations accountable for their actions.

Those who have decided to participate in the claim assigned their claim to SEFR through an agreement with SEFR. In addition, they will have needed to provide all relevant information in relation to their situation and their damages to SEFR through a questionnaire. Assigning their claim will allow SEFR to then file the lawsuit in its own name, but on their behalf. It is important to note that after participants have assigned their claim, they will no longer be able to bring or settle their claims themselves. Only SEFR can do this for them.

SEFR will initiate legal proceedings against Repsol to hold it accountable for the oil spill. In addition, SEFR will attempt to negotiate a settlement on behalf of all victims that participate in the claim. To this end, SEFR will instruct lawyers and experts. Participants do not need to worry about anything. SEFR will inform them on the status of the proceedings.

Whether any compensation – and, if so, which amount – must be paid by the defendants is determined by either (a) a judgment from the court(s) in the Netherlands, or (b) a settlement agreement to which SEFR and the defendant(s) have agreed. This is not determined by SEFR.

What are the costs for participating in the claim?

What are the costs for participating in the claim?

The case is being brought on a no-win-no-fee basis. This means that SEFR will only withhold the fee mentioned below if SEFR succeeds in obtaining compensation for the participants. The claim will be externally funded. To bring the claim, SEFR will incur costs, such as for instructing lawyers and experts. These costs are paid for by an external funder. SEFR did not charge any money in advance to participate in the claim. Any person, law firm or organisation that charges money to secure participation in the claim is not following SEFR’s instructions. SEFR will also not charge any money if the lawsuit is lost.

If SEFR is successful in pursuing a claim and obtains compensation for damages, SEFR will collect a maximum of 25% percent of the total compensation the participant receives. This means that if the claim is successful, participants will receive 75% of any compensation SEFR obtains for them. The remaining percentage of 25% of that compensation will be withheld by SEFR. As previously mentioned, SEFR operates on a non-profit basis. Hence SEFR will not keep this fee. Instead it will be used to pay the funder.

In case the claim is not successful, SEFR will not charge any costs. The law firms and experts involved in the case will never ask the victims for any fees directly. They will only be paid by SEFR.

FAQs:

In order to support your claim, we will ask you to provide us with several documents. These documents may include for example the following:

  1. A copy of your ID
  2. A photo of you holding your ID
  3. If you are a representative on behalf of a claimant, a document evidencing that you are legally allowed to represent the person or business (i.e., Power of Attorney, custody document, or succession document)
  4. A copy of any court proceedings or agreement related to the Oil Spill if you received one
  5. Evidence of professional activity at the time of the Oil Spill

If you assign your claim to SEFR and you participate in the claim, you will receive the relevant compensation after the case is concluded – be it by a final and irrevocable court decision or by a settlement signed with Repsol.

No, you will enter into an agreement with Stichting Environment and Fundamental Rights (SEFR). SEFR will instruct Pogust Goodhead and/or any other law firms and will be responsible for communication with the lawyers. You will not need to do this. Of course, SEFR will ensure that your best interests are fully represented by the lawyers SEFR instructs. SEFR will also keep you updated about developments in the case.

Stichting Environment and Fundamental Rights (SEFR) is a non-profit foundation based in the Netherlands. It is an independent organization with the purpose of representing the interests of people who have been negatively affected by the activities of corporations, including activities that cause environmental damage or infringe human rights. As a foundation, SEFR does not have shareholders or members. It is an independent legal entity that is managed by an independent board of directors with extensive experience in the fields of (international) litigation, personal injury law, environmental law, human rights and finance. The board of directors is supervised by a supervisory board, consisting of experts in the same fields.

SEFR does not have a profit motive and will therefore not make a profit from this case. As a Dutch foundation, SEFR is not allowed to pay any profits to its directors or any others. Instead, the directors receive only a compensation for their services based on their time spent and the supervisory directors receive a fixed compensation for their services. SEFR and its directors and supervisory directors are fully independent from any of its partners, including the law firms that represent SEFR, the funder and the experts that are engaged by SEFR.

SEFR will incur costs for bringing the claim. These costs include instructing lawyers, managing the case and obtaining evidence, such as by instructing experts and making visits to the affected areas. To be able to pay those costs, SEFR will team up with an external funder. This funder will pay for all the costs. In return the funder will receive 25% of the compensation recovered if the

case is successfully resolved. The 25% deduction serves to pay the funder. SEFR will not keep the 25% fee.

Assigning your claim to SEFR means that you legally transfer your claim to SEFR. This means that SEFR will be the legal owner of the claim. In return for this, you will receive payment of 75% of the compensation recovered for you if the claim is successfully resolved. In other words, the assignment is a legal tool that allows SEFR to represent your interests by bringing your claim before the courts for your benefit.

After assigning your claim, you can no longer bring proceedings against or negotiate a settlement with Repsol in relation to the oil spill yourself. SEFR will do this for you.

You will regain your right to bring the claim yourself only in some restricted circumstances, such as:

  • if an irrevocable decision has been obtained and no compensation has been awarded;
  • SEFR decides, for whatever reason, to no longer pursue the claim; or
  • if the agreement is terminated.

In principle, you will not need to attend a hearing. However, it is possible that the judge would like to hear witnesses and that some of the victims will be called to testify. This would likely be only a small number of people. In addition, SEFR may decide to invite a number of the victims to attend a hearing to tell the court about the effects of the oil spill.

SEFR is fully independent from both the Peruvian government (or any other government) and any entity in the Repsol group. SEFR is not affiliated with any of the envisaged defendants in the Ventanilla oil spill case in any way. SEFR is a not-for-profit foundation. It is managed by a board of independent directors and a board of supervisory directors with relevant legal or financial expertise.

CONTACT

For more information please contact one of our official partners:

Jorge Luis Baca

+51 932 463 279

Raul Diaz

+51 958 280 108