Brumadinho case in Germany gains support, motion totals 600 mi euros

A lawsuit filed in German courts by people affected by the tragedy in the town of Brumadinho, Minas Gerais state, has gained around 300 signatures in recent days, said Anglo-American law firm Pogust Goodhead, which is representing the victims.

This brings to the number of people claiming compensation of around 600 million euros (BRL 3.2 bi) to 1,400.

The lawsuit targets Tüv Süd, the German company hired by Vale to assess the dam at the Córrego do Feijão mine in Brumadinho. According to police investigations, the company signed a false declaration of stability, which allowed the mining company to carry on its activities in the precarious facility.

The declaration of stability for each dam, issued by a specialized auditor, must be submitted to national mining authority ANM twice a year. The document is mandatory for the operations to continue.

The collapse of the structure took place five years ago this Thursday (Jan. 25). The tragedy killed 270 people—272 according to the surviving victims, as two women are said to have been pregnant—in addition to causing environmental and socio-economic impacts in several cities across the state.

The case in Germany initially involved a small group of victims, with new plaintiffs gradually joining in. The case is being heard by the Munich Higher Regional Court. The law firm Pogust Goodhead, which is representing the victims, is working in partnership with the German law firm Manner Spangenberg.

In past hearings, they argued there is evidence that Tüv Süd was involved in the tragedy. The company defended itself by claiming no responsibility in the episode.

In a statement, Tüv Süd expressed solidarity with the victims, but said it was certain it had no legal responsibility for the dam collapse and that the plaintiffs’ allegations have no legal basis. “We support the fact that the German court is examining the claims in depth, which includes clarifying legal issues that may be relevant. The stability declarations were issued in accordance with the law and were in compliance with the Brazilian regulations in force on the date they were issued,” the text reads.

Charges

In September 2019, the Brazilian Federal Police charged 13 people with using false documents—seven Vale employees and six from Tüv Süd. The investigations revealed that the dam’s declaration of stability was the result of fraud, as regulatory parameters were disregarded.

Tüv Süd has been left out of all the decisions and negotiations surrounding compensation in Brazil. Even so, the German corporation has made provisions every year.

In 2021, the company’s financial report indicated a reserve of 28.5 million euros for possible defense costs and legal advice in lawsuits surrounding the tragedy. In 2022, the latest report available mentions provisions adding up to 73.4 million euros for various liability risks, including costs stemming from the dam collapse in Brazil.