When care fails, damage comes to light

Between 2007 and 2010, the Netherlands was hit by the largest Q fever epidemic in the world. Thousands of people became infected by a bacteria spread by goats. The consequences were enormous: an estimated 115 deaths and thousands seriously ill. Many victims still experience the effects of the infection on a daily basis. What happened and the impact on people and society The Q fever outbreak left deep scars. Many victims suffer permanently from severe fatigue, concentration problems and heart problems. Working or even leading a normal social life is no longer possible for many. Families were also badly affected: partners became informal caregivers, children saw their parents completely exhausted. In addition to personal suffering, there was social unrest about the role of the government: why did it take so long to intervene? The interests at stake The heart of this case touches on trust in government and the protection of public health. Victims feel that the State did not protect them sufficiently and took measures too late to stop the outbreak. The government invoked limited knowledge and discretion, but the question is: what did the State know at the time, and could faster action have prevented thousands of infections? For whom Beer advocaten stands up Beer advocaten represents more than 250 Q fever victims who are fighting together for recognition and compensation. We assist this group in their appeal against the Dutch State. Our commitment is not only legal, but also moral: victims must not suffer once again - this time from a system that refuses to acknowledge its negligence. The challenge: government liability The legal challenge is great. After all, the government has a certain freedom to make decisions based on the knowledge available at the time. Accordingly, the District Court of The Hague previously ruled that the State was not liable. In our opinion, the State already had sufficient information at the time to intervene more quickly. By not doing so, the State acted unlawfully. The plan of approach In the appeal we carefully map out what the government knew about the risks of Q fever and what measures would have been possible. We build up the file step by step, with the aim of convincing the court that the court's verdict was incorrect. The case is still ongoing - but the stakes are clear There is no appeal ruling yet. First it must be determined that the State is liable. Only then can the individual damages for each victim be assessed. The proceedings are expected to take years, but the determination among the victims is strong. As Caroline van Kessel, president of Q-uestion, said, “The court ruling was disappointing, but we are not giving up. The lives of Q fever victims have changed dramatically. With Beer advocaten, I feel we are well supported legally and are not alone in our struggle for recognition.” What really matters For Beer advocaten, this case is more than a legal battle. The

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 dumpsites 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. The impact on people and the environment 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 litigate 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 was upheld in the Supreme Court. Our approach was step by step: carefully substantiate that Trafigura had interfered with the transport of waste from the Netherlands, and then establish that victims were therefore entitled to access the Dutch courts. 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 these proceedings, 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 shows that mass damage is not always domestic, but that justice must apply universally. Beer advocaten continues to advocate for communities affected by environmental damage anywhere in the world. Do you want to take on those who cause environmental damage? Do you want to use the law on behalf of a collective to protect victims and their environment? Beer advocaten supports citizens' initiatives, interest groups and NGOs in their struggle. Not only legally, but also strategically and organizationally. If you have questions about this, please contact Bojan Dekker.