Shell ‘can be liable’ for oil spills: court

THE HAGUE: A Dutch appeals court ruled yesterday that Royal Dutch Shell can be held liable for oil spills at its subsidiary in Nigeria, potentially opening the way for other compensation claims against the multinational.

Judges in The Hague ordered Shell to make available to the court documents that might shed light on the cause of the oil spills and whether leading managers were aware of them.

yesterday’s ruling overturned a finding by a lower Dutch court in 2013 that Shell’s Dutch-based parent company could not be held liable for spills at its Nigerian subsidiary.

The legal dispute dates back to 2008 when four Nigerian farmers and campaign group Friends of the Earth filed a suit against the oil company in the Netherlands, where its global headquarters is based.

“Shell can be taken to court in the Netherlands for the effects of the oil spills,” the court ruling stated on yesterday. “Shell is also ordered to provide access to documents that could shed more light on the cause of the leaks.” The case will continue to be heard in March 2016. Judge Hans van der Klooster said the court had also found that it “has jurisdiction in the case against Shell and its subsidiary in Nigeria”.

Shell’s Nigerian subsidiary, Shell Petroleum Development Company of Nigeria Ltd (SPDC), said in a statement: “We are disappointed the Dutch court has determined it should assume international jurisdiction over SPDC. Friends of the Earth Netherlands Director Geert Ritsema said the ruling meant three other farmers could proceed with claims for compensation for lost income resulting from spills.