Court considers damage oil spill by terminal Isla at Jan Kok currently proven

Track record

22 July 2014

The oil that polluted the Jan Kok nature reserve in 2012 originated from the Curacao Oil Terminal at Bullenbaai. The judge considers this to be proven for now, which became clear from the verdict that was done by the Court of First Instance on Monday 21 July. The plaintiffs and owners of the polluted area, "Stichting Monumentenzorg" (Foundation for the preservation of historic buildings and sites) and Sea Shore Properties NV, are represented by Rogier van den Heuvel of VanEps Kunneman VanDoorne.

On behalf of the plaintiffs, he summoned Refineria Isla Curacao, that operates the terminal. Isla will now need to prove that there is another tangible cause to avoid responsibility for the damage. On 18 August 2014, the case will be proceeded and Isla will have the opportunity to state if and how they will try to provide this evidence. Until now, no tangible alternative cause was submitted.

In this matter, major interests are at stake. Stichting Monumentenzorg and Sea Shore Properties NV claim indemnification for the costs of research and for repair of the pollution. Moreover, they claim an incremental penalty or a technical provision to prevent a possible repeat. This is documented in the verdict of the Court. The total costs for determining and repairing the damage are currently estimated at ANG 700.000.