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Alfonso Cala Castillo V. Petroproduccion (Ecuador’s Oil Company

Country/Territory
Ecuador
Type of court
National - higher court
Date
Dec 11, 2008
Source
UNEP, InforMEA
Court name
Supreme Court, Second Civil Court
Seat of court
Quito
Judge
Rigoberto Barrera Carrasco; Carlos Ramírez Romero; Freddy Ordóñez Bermeo
Reference number
67 R.O 486
Language
Spanish
Subject
Waste & hazardous substances
Keyword
Oil pollution Soil pollution/quality Energy conservation/energy production
Abstract

In this case, Alfonso Cala Castillo suits Petroproduccion for causing 3 oil spills in his farm in Lago Agrio. The several spills occurred between 1998 and 1999, which polluted watercourses, coffee and banana crops and livestock from his property. As a result, he suits Petroproduccion for the damage caused, as well as pollution of land and marshes.

The Judge of the lower Civil Court accepted the legal claim and sentenced to Petroproduccion to pay for the damage caused to the property of Alfonso Cala Castillo. Petroproduccion appealed the decision in front of the Court from the province of Nueva Loja. This Court rejects the legal claim for failing to the act and explains that the damage occurred in 1999 so the claim should consider applicable law in the time, when the damage occurred and not the current law.

Alfonso Cala Castillo appealed the decision in front of the Ecuadorian Supreme Court, which reversed the Court from the province of Nueva Loja decision.   Indeed, The Court consider that it cannot invoke lawlessness to justify the violation of the rights established in this Constitution and deny the recognition of such rights. The judges confirm the sentence of the lower Civil Court and condemn Petroproduccion to pay to Alfonso Cala Castillo for the damages caused because of the oil spill.

Full text
Alfonso Cala Castillo V. Petroproduccion (Ecuador’s Oil Company).pdf
Website
www.cortenacional.gob.ec