Judiciary admits Indecopi lawsuit against Repsol for USD $4,500 million for civil liability for damages to the population

This Indecopi release was published using machine translation.

The 27th Specialized Civil Court of Lima, through resolution number 4, admitted for processing the claim for compensation for damages filed by the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi), for an amount of USD4,500 million (four thousand five hundred million US dollars).

The defendant companies are: Repsol SA, Mapfre Global Risks, Fratelli D'Amico Armatori SPA, Repsol Comercial SAC, Mapfre Perú Compañía de Seguros y Reaseguros SA, Refinería La Pampilla SAA and Empresa Transtotal Agencia Marítima SA

According to Resolution No. 4 of August 18 of the present ( https://bit.ly/3KnlNgT ), the aforementioned court admitted the lawsuit in view of the evidence presented, for which it granted a period of 30 days for the companies answer the lawsuit under penalty of declaring their rebellion, in accordance with article 430 of the Code of Civil Procedure. Also, send the letter rogatory to Spain and Italy for the purpose of notifying the defendants at the address indicated in the demand.

In this regard, the head of Indecopi, Julián Palacín Gutiérrez, stated that, as a result of the declaration of environmental emergency decreed by the oil spill, the closure of beaches occurred, triggering a severe impact on the economic activities of merchants, associations and businesses. . Natural and legal persons who revolve in the beach and maritime environment were affected, as well as the entire population that could not make use and enjoy natural, public spaces such as beaches where they can enjoy peace, tranquility, rest. and free time.

Regarding the admission of the lawsuit, Palacín Gutiérrez, indicated that “this judicial action could generate jurisprudence at the national and international level on issues of oil spills that cause damages due to the affectation of diffuse interests with collective moral damage; We seek compensation for the affected population, third-party beneficiaries of civil liability coverage who live 150 km from the contaminated coastline.

Likewise, he denied that the problem of the oil spill has been solved as the oil company Repsol has informed public opinion through an advertorial in one of the main written press media in Peru. OEFA reported on August 15, 2022, on Twitter, that 25 beaches from Callao to Huaral are still affected by hydrocarbons.

Palacín Gutiérrez indicated that the Spanish press must be well informed since four months after the start of summer 2023, the pollution of the sea, the beaches and the environment still continues, therefore, he called on the national and international press to verify the information of the Agency Environmental Assessment and Control (OEFA) of the Ministry of the Environment of Peru.