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Dutch court: Nigeria farmers can sue Shell in Netherlands

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Dutch court: Nigeria farmers can sue Shell in Netherlands

Screen Shot 2015-11-20 at 08.55.47[JURIST] The Hague Court of Appeals [official website] ruled Friday that the Royal Dutch Shell [corporate website] can be sued in a Dutch court for their involvement in oil leaks in Nigeria. The ruling [text, in Dutch] stems from a suit brought by four Nigerian farmers that claimed Shell and its Nigerian subsidiaries were responsible for oil leaks leading to their lands being damaged. In a statement explaining their reasoning for their decision, the Court of Appeals said, “It cannot be established in advance that the parent company is not liable for possible negligence of the Nigerian operating company.”

Last month Amnesty International (AI) [advocacy website] reported that Shell has failed [JURIST report] to clean oil-polluted areas of the Niger Delta despite the company’s assurances [report, PDF] that it has properly handled the oil spills. In November 2014 AI issued a report [JURIST report] that Shell made false claims [court documents, PDF] about the potential impact of an oil spill in Bodo, Nigeria. In January 2013 a Dutch court ruled [JURIST report] that a Shell subsidiary could be held liable for damages to one Nigerian farmer, but dismissed the other farmers’ claims. In October 2012 four Nigerian residents and an advocacy group told the Dutch court that Shell should be held liable [JURIST report] for damage from oil pollution in the Niger Delta. The suit was the first time a Dutch company had been sued for the alleged misconduct of its foreign subsidiary.

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