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Oil spill: Court recognizes Indecopi’s lawsuit against Repsol for damages to the population

The court recognized the claim of Indecopi against Repsol | Font: Photo: Andes

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The 27th Specialized Civil Court of Lima admitted to a US$4,500 million damages claim filed by the National Institute for Competition and Intellectual Property Protection (Indecopi).

The respondent 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 Maritima SA.

According to Resolution No. 4 of August 18 of this year, the above court recognized the claim taking into account the evidence presented, and therefore gave the companies a period of 30 days to respond to the claim under pain of declaring default on their obligations, in accordance with Article 430 of the Code of Civil Procedure .

Position Indecopi

For this reason, the owner IndecopyJulián Palacín, said that as a result of the declaration of an environmental emergency caused by the oil spill, the beaches were closed, which seriously affected the economic activities of merchants, associations and businesses.

Thus, individuals and legal entities working in the beach and marine environment were affected, as well as the entire population, which could not use and enjoy natural, public places, such as beaches, where people can enjoy peace, tranquility, in their relaxation and free time. .

Regarding the recognition of the claim, Palacín Gutiérrez indicated that “this judicial action could give rise to jurisprudence at the national and international level on oil spills that cause damage due to the influence of diffuse interests with collective moral damage; We demand compensation for the affected population, third-party beneficiaries of civil liability, living 150 km from the polluted coastline.

Similarly, he denied that the problem oil spill was decided, according to the oil company Repsol. In this regard, he recalled that OEFA reported on 15 August 2022 on Twitter that 25 beaches from Callao to Huaral are still suffering from hydrocarbons.

Source: RPP

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