Stibbe wins case concerning Isla refinery air pollution on Curaçao

EU Law

Many residents of Curaçao suffer due to severe air pollution from the Isla oil refinery. With Stibbe’s help, a number of residents living under 'the smoke of Isla', alongside environmental organisations, have sued the state of Curacao for wrongful acts towards them.

After invocation of the European Convention for the Protection of Human Rights and Fundamental Freedoms (which applies to Curaçao) the Court of First Instance ruled in favour of the residents and environmental organisations. The court ruled that the state acted unlawfully by failing to establish sound standards for air pollution, by failing to take effective measures to protect private life and the living environment, and by failing to provide the residents with sufficient information about the air pollution. With effect from 1 September 2020, the country must have ensured that the international air quality standards are once again within World Health Organization limits. 

The ruling can be read at Various media reports [LINK] on this ruling have been published in the Netherlands and Curaçao.