In February, there should be an announcement date in the Brumadinho dam breach trial against TÜV Süd. But three years after the disaster, the number of plaintiffs has skyrocketed.
Munich/Brumadinho – The trial against TÜV Süd after the dam disaster in Brumadinho, Brazil, with at least 260 dead, will take quite a while after a sharp increase in the number of plaintiffs.
The district court of Munich I canceled the announcement date set for February 1 and ordered the re-entry into the oral hearing. “The background is that the lawsuit has been expanded by a further 1163 plaintiffs to a total of 1170 plaintiffs,” the court said on Tuesday.
The plaintiffs’ lawyers had initially only demanded damages and the determination of the responsibility of TÜV Süd on behalf of the affected municipality of Brumadinho and the surviving dependents of an engineer. “It was intended that they would reach a judgment with seven plaintiffs and then compare themselves with the TÜV,” explained a court spokeswoman. Now the lawyers would also have an order to sue from other affected parties whom they had previously represented out of court. “As a result, it will now take at least another six months before a date is due for a hearing.”
Swift justice for all plaintiffs
Plaintiff lawyer Jan Erik Spangenberg told the German Press Agency that the aim was to create justice for all plaintiffs more quickly. The newly added plaintiffs are other relatives of victims and survivors of the disaster – a total of 1112 people. Because some are suing both on their own behalf and as the heirs of the victims, a total of 1,170 plaintiffs are listed. The lawsuit now amounts to more than 400 million euros.
Because many of the victims of the accident at the beginning of 2019 were miners, the industrial union for mining, chemicals and energy (IG BCE) has also deposited a guarantee with the Munich Regional Court for a further trial.
On January 25, 2019, the retention basin of an iron ore mine owned by the Brazilian mining company Vale ruptured. A mudslide spilled over the hilly landscape of the state of Minas Gerais. It rolled over parts of the mine and neighboring settlements near Brumadinho, taking people, houses, animals and equipment with it. At least 260 people died. Dozens of dams in Minas Gerais have recently been under surveillance or threatened to break as a result of persistent rain.
A subsidiary of TÜV Süd had only tested the dam six months before it broke and found it safe. However, TÜV Süd sees no legal responsibility for the dam breach because the mining company Vale did not comply with specifications. “We haven’t been able to get out of the mud since January 25, 2019,” said Andresa Rodrigues, vice-president of the victims’ association Avabrum, in a conversation with journalists on Monday. “It’s three years of injustice, pain and outrage.” dpa
