Hearing involving a dam technical expert and a court-appointed Brazilian law expert are scheduled to take place between 26 and 28 May. Since 2019, more than 1,400 claimants have brought legal proceedings, with the total compensation sought from TÜV SÜD amounting to R$3.2 billion
The Munich District Court in Germany has listed a hearing for 26-28 May in the claim arising from the collapse of the Córrego do Feijão tailings dam in Brumadinho (Minas Gerais). Around 1,400 claimants are pursuing legal action against TÜV SÜD, the German certification company that attested to the dam’s stability at the time of the collapse, seeking approximately R$ 3.2 billion (around €600 million) in compensation. The municipalities of Brumadinho and Mário Campos are also claimants in the proceedings.
The case is currently at the stage of determining liability and is progressing positively. In 2023, the German court appointed a specialist in Brazilian law to provide an expert opinion on the case. Last December the judge appointed a second technical expert – this time, specialized in geotechnical aspects of the case.
At the May hearing, parties and the Court will clarify aspects of the points made by both sides, with the court-appointed expert on Brazilian law. Witness evidence – including depositions from TÜV SÜD executives – is expected to follow.
The claimants are represented by the international law firm Pogust Goodhead – which, in November, secured a landmark victory in the English courts on behalf of hundreds of thousands of victims of the Mariana dam disaster against the Anglo-Australian mining company BHP – alongside the German firm Spangenberg. Both firms specialize in large-scale collective litigation on behalf of victims of environmental disasters and corporate misconduct worldwide.
The proceedings have been ongoing before the Munich District Court since 2019 and the victims are optimistically looking forward to the next steps of the case. Under European legislation, the proceedings follow German procedural rules, but the substantive law applicable is that of the country where the damage occurred – in this case, Brazilian law.
Alicia Alinia, CEO at Pogust Goodhead before the German courts, expressed solidarity with the claimants and reaffirmed the firm’s commitment to those affected. “Seven years after the collapse of the Córrego do Feijão mine dam, our clients continue to endure the profound impacts of this tragedy. We stand in solidarity with each of the families and remain firmly by their side, working tirelessly to secure justice, fair compensation and accountability for those responsible,” he said.
Context
The collapse of the Córrego do Feijão mine dam, owned by Vale, occurred on 25 January 2019. The equivalent of 400,000 water trucks’ worth of mining waste surged in a wave of mud, destroying homes and vegetation. The disaster left 272 people dead, two of them were not found, as searches finished after an unprecedent seven-year operation. It also caused severe contamination of the Paraopeba River. Approximately 13 million m³ of tailings flooded the region, halting water extraction and destroying part of the local economy.
The claimants argue that, at the time of the disaster, TÜV SÜD used safety verification standards that fell below international benchmarks, circumventing oversight by the competent authorities. The accusation also states that internal communications from May 2018 indicate that employees suggested the company could lose business with Vale if TÜV SÜD refused to certify the mining company’s containment structure.
