Plaintiffs oil spill proceedings ask court for judgment after failed settlement negotiations

Track record

7 January 2016

'Stichting Monumentenzorg' (Foundation for the preservation of historic buildings and sites) and Sea Shore Properties have resumed the legal proceedings against the Isla-refinery, regarding the oil spill in 2012 at Jan Kok, as the parties haven't been able to reach a settlement. The plaintiffs, represented by Rogier van Heuvel of VanEps Kunneman VanDoorne, and the refinery negotiated for more than a year.

The legal proceedings regarding this matter started in 2013. In July 2014, the Court ruled that the oil pollution found at Jan Kok after the oil spill, was proven to be originating from the Curaçao Oil Terminal at Bullenbaai for that moment. Following this judgment, Isla was given the opportunity to prove otherwise by indicating other possible polluters. Several witnesses were heard in this regard. Subsequently, the proceedings were paused and the parties tried to settle the matter in negotiations. As these negotiations failed, proceedings will now be resumed. 'Stichting Monumentenzorg' and Sea Shore Properties demand reimbursement of incurred expenses, an advance payment of ANG 500.000 for the damage caused, a compensation for remaining damage that still needs to be determined, and a penalty of ANG 5.000.000 in case oil will be spilled again in the future.