What happened?
In 2006, on behalf of the oil company Trafigura, a large amount of toxic waste was shipped from Amsterdam on the ship Probo Koala. After processing proved impossible in the Netherlands, the waste was taken to Ivory Coast and illegally dumped in open dumps in the city of Abidjan. Thousands of residents were exposed to harmful fumes and chemicals. The consequences were severe: health complaints, deaths and permanent environmental damage.
Human and environmental impact
The Probo Koala disaster left a trail of devastation. In the neighborhoods around Abidjan, families suffered from nausea, respiratory problems and chronic illnesses. The environment was also badly affected: soil and groundwater became contaminated, affecting agriculture and drinking water supplies for years.
This case painfully demonstrates how transboundary environmental damage particularly affects vulnerable communities, often far out of sight of the perpetrator.
The role of Beer advocaten
Beer advocaten assists the Victimes des Déchets Toxiques Côte d'Ivoire Foundation, which stands up for thousands of victims of the waste dump. We are litigating on their behalf in the Netherlands against Trafigura, seeking recognition and compensation.
Our involvement goes beyond legal representation: it is about restoring trust in the law. Because when a multinational causes damage elsewhere, it should not go unpunished.
Legal challenges and strategy
The Probo Koala case is legally complex. The facts took place partly in the Netherlands and partly in Ivory Coast, which raised questions about jurisdiction and applicable law. Initially, the Foundation was declared inadmissible in its claims.
In 2020, however, the Amsterdam Court of Appeal ruled that Trafigura does have to answer in the Netherlands. The court recognized that the Dutch courts had jurisdiction to hear the victims' claims, a ruling that stood firm in the Supreme Court.
Our approach was step-by-step: carefully substantiate that Trafigura had interfered with the shipment of waste from the Netherlands to then have it established that victims were entitled to access to Dutch justice as a result.
Interests and significance
The case touches on fundamental values: human rights, environmental law and corporate responsibility. Beer advocaten represents not only the interests of the victims in this proceeding, but also the broader interest that companies be held liable for environmental damage wherever it occurs.
The court's ruling has significance for future cross-border environmental cases. It confirms that the Netherlands cannot look away when decisions are made from here that cause great harm elsewhere.
What this case shows
The Probo Koala case demonstrates that mass damage is not always domestic, but that justice must be universal. Beer advocaten continues to advocate for communities affected by environmental damage anywhere in the world.
Do you want to tackle those causing environmental damage?
Do you want to use the law on behalf of a collective to protect victims and their environment? Beer advocaten supports civic initiatives, interest groups and NGOs in their struggle. Not only legally, but also strategically and organizationally.
Do you have questions about this, please contact Bojan Dekker.
