Repsol company considered that the lawsuit filed by the National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi) against it is unfounded, inadmissible and incongruous, because it does not address the causes of the spill or the clean-up work and remediation already completed by Repsol.
“Repsol has put all the means at its disposal to contain, clean and remedy the coastline, help the communities in the area and rescue and care for the fauna affected by the oil spill that occurred on January 15 on the north coast of Lima”,the company specified in a statement.
It alleged that in the cleaning tasks it mobilized more than 2,900 workers, moved up to 11,000 meters of containment barriers and had 144 units of heavy machinery, about 90 boats and 68 skimmers (marine cleaning equipment).
“As a result of this extensive human and technical deployment, based on the best international standards, on April 13 Repsol reported to the competent Peruvian authority the completion of first response actions in 28 areas north of Lima, declaring them clean, pending in accordance with the authority”,said Repsol.
From the social point of view, he added, an emergency economic aid mechanism was made available to the affected population, reaching more than 4,600 people.
“Subsequently, on March 4, an agreement was signed between the Presidency of the Council of Ministers and La Pampilla Refinery to, based on a single list of affected people agreed with the Government, begin to deliver an advance payment in charge of compensation. which will be agreed between the parties. So far, more than 5,500 affected have been identified, to whom a total of more than 29 million soles has been delivered", they said.
The claim
Indecopi filed the first civil lawsuit for strict liability for diffuse interests in Peru against the oil company Repsol, due to the oil spill in Ventanilla that affected consumers, users and third parties.
The civil claim for compensation for damages was filed before the 27th Civil Court of the Superior Court of Justice of Lima for 4,500 million dollars, against six joint and several defendants: Repsol S.A. (Spain), Mapfre Global Risks (Spain), Mapfre Peru Insurance and Reinsurance Companies (Peru), La Pampilla Refinery (Peru), Transtotal Maritime Agency (Peru) and Fratelli d'amico Armatori (Italy).
Indecopi: Repsol statement lacks legal basis
The statement released by the Repsol company, which seeks to disregard its civil liability for the oil spill in the Ventanilla Sea, lacks legal basis, since it seeks to put it into debate in relation to the work of the Mare Doricum ship, the cleaning tasks , the emergency economic aid, the advances delivered, because there is no extrajudicial transaction with the value of res judicata, nor consented and enforceable judicial sentence that exonerates him from this duty.
This was stated by the president of the National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi), Julián Palacín, who asserted that the technical entity is entitled to sue in court on behalf of diffuse interests.
"In this case, there are more than 700,000 inhabitants and their families who were affected in the middle of summer by the contamination caused by the spill, which caused the closure of more than 20 beaches and resorts,"he said.
You can also read: Repsol considers that the lawsuit filed against it by Indecopi is unfounded
He added that this situation hit the economy of people and markets, whose economic items revolve around beach businesses, fishing, tourism, restaurants, commerce, recreation, among others.
“Repsol must understand that we are facing strict civil liability for the risk created and the estimated damages to the detriment of consumers, which would exceed 3,000 million dollars plus 1,500 million dollars for collective non-material damage”, explained Palacín.
Palacín urged the Peruvian judges to respect the rules of due process of the lawsuit against Repsol in defense of the more than 700,000 consumers and two million people who make up their family nucleus, since, citing the Epson Valdez jurisprudential precedent,“Peru it has to be enforced in case law in oil spills that affect consumers”.
Indecopi filed the first civil lawsuit for strict liability for diffuse interests in Peru against the oil company Repsol, due to the oil spill in Ventanilla that affected consumers, users and third parties. The civil claim for compensation for damages was filed before the 27 Civil Court of the Superior Court of Justice of Lima for 4,500 million dollars.
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This was stated by the president of the National Institute for the Defense of Competition and Protection of Intellectual Property (Indecopi), Julián Palacín, who asserted that the technical entity is entitled to sue in court on behalf of diffuse interests.
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