16 April 2020

Probo Koala - Court of Appeal judgement in the preliminary phase of the Stichting VDTCI case in the Netherlands

On 18 April 2018, the Amsterdam District Court, after scrutinizing the complexity, uncertainties and ambiguities of the local situation in Ivory Coast and the history of the claim, came to the conclusion that Stichting VDTCI (NL) is inadmissible in its claims against Trafigura because it is not able to safeguard the interests of its alleged constituency and because it is unlikely that the proceedings will contribute to efficient and effective legal protection. 

Following an appeal by the Stichting, the Court of Appeal has on 14 April 2020 overturned the judgment of the District Court but, in doing so, has granted Trafigura permission to appeal to the Supreme Court.

Trafigura is now considering whether to appeal, but it is notable that the judgment relates only to the admissibility of the Stichting’s claim. No decision on any of the Stichting's allegations has been rendered yet.

A significant number of the arguments raised by Trafigura that the District Court took into consideration while assessing the admissibility will now have to be dealt with as part of any assessment by the Court of the merits of the Stichting’s claim.