Five years ago, a dam burst in Brazil, killing 272 people. On the anniversary of the disaster, relatives of victims are again demanding compensation from TÜV Süd. In their view, the group shares responsibility.
It took around half an hour for relatives to read out the names of all 272 people who were killed on January 25, 2019 near the Brazilian city of Brumadinho. They died when a dam burst containing mud from an ore mine owned by the Vale corporation.
Just a few months before the disaster, a subsidiary of TÜV Süd had confirmed that the dam was stable. The relatives therefore see significant responsibility for the disaster on the Munich testing company. On the fifth anniversary of the dam burst, three relatives of the victims hung a banner on the fence of the company’s headquarters in Munich with the inscription “Take responsibility now!” (“Finally take responsibility!”).
More than half a billion euros in claims
According to lawyers representing the victims’ relatives, the total amount of compensation claims amounts to more than 580 million euros. Regarding reports that the Brazilian mining company Vale had already paid the equivalent of around six billion euros after the disaster, the victim’s lawyer Jan Spangenberg said that none of this had reached his clients. The money that was repeatedly reported was used, for example, to finance infrastructure projects, such as a large bypass road.
According to Spangenberg, 1,402 plaintiffs have now joined forces to demand compensation from TÜV Süd in court. The Munich Regional Court heard the case in September 2021. The process has been dragging on since then. Among other things, it is not yet clear whether Brazilian law should be applied.
No intervention from TÜV Süd
The victim’s lawyer Spangenberg emphasized that his clients were also prepared to reach an out-of-court agreement with TÜV Süd. The company has so far rejected such an agreement, the lawyer criticized.
TÜV Süd rejects the allegations. In a statement, the testing company emphasized that it had “no legal responsibility for the dam failure.” The confirmations that a Brazilian subsidiary of TÜV Süd issued regarding the stability of the dam near Brumadinho corresponded to Brazilian regulations. “The dam burst in Brumadinho was a terrible accident. Our condolences go out to the victims and their families,” said a statement from TÜV Süd.
Criminal complaint from Misereor
In addition to the claim for damages in Munich, there is also a criminal complaint against representatives of TÜV Süd. The Catholic relief organization Misereor and the European Center for Constitutional and Human Rights (ECCHR) emphasize that they had already submitted a complaint in 2019. After almost five years, the Munich public prosecutor’s office is still leaving it open whether it will bring charges, the organizations criticize.
Anne Herrberg, ARD Rio de Janeiro, tagesschau, January 25, 2024 2:59 p.m