In a significant step forward in the pursuit of justice, the Amsterdam District Court scheduled a case management hearing for 14 July 2025 to address the claim brought by victims of the Fundão Dam collapse in Mariana (MG), Brazil, against mining companies Samarco Iron Ore Europe BV and Vale SA. This marks a key milestone in efforts to hold companies accountable for the largest socio-environmental disaster in Brazil’s history.
This is the first time Vale will appear before a foreign court since reaching an agreement with mining giant BHP which resulted in its removal as a defendant in a separate lawsuit related to the Fundão dam collapse, filed in England (BHP had brought a contribution claim against Vale in December 2022). Despite no longer being a defendant in the English case, Vale has agreed to pay 50% of any compensation that may be awarded against BHP by the English court.
The case management hearing in July will define the next steps in the Dutch process, the key procedural issues and the scope of a liability trial in due course.
The Dutch lawsuit runs parallel to legal proceedings in England against BHP, with both cases seeking to hold the mining corporations accountable for the 2015 collapse of the Fundão dam, operated by Samarco – a joint venture between Vale and BHP. The disaster killed 19 lives, destroyed entire communities, and severely affected indigenous and quilombola populations. Its socio-environmental and economic impacts extended beyond the immediate area in Minas Gerais, reaching as far as Espírito Santo and the south of Bahia.
Foreign jurisdiction
The Dutch claim was filed in 2024 by a non-profit foundation, Stichting Ações do Rio Doce, on behalf of more than 75,000 claimants as well as several municipalities. An additional 100,000 victims have expressed interest in joining the foundation. The claimants are seeking compensation currently estimated at €3 billion (approximately R$18 billion).
Samarco Iron Ore Europe BV and Vale SA are being sued in the Netherlands on the grounds that they played a central role in extracting profits globally from the Samarco-controlled mine. The subsidiaries were responsible for managing, marketing, and distributing the iron ore produced in Brazil.
The Stichting Ações do Rio Doce is represented by Dutch law firm LVDK and is also advised by Pogust Goodhead. Also in 2024, a precautionary seizure of assets was granted by the Amsterdam court in favour of the claimants against Vale SA – safeguarding funds that could be used in the future for potential reparations and compensation to victims.
‘The massive participation of victims in the Stichting Ações Rio Doce and the obtaining of relevant legal measures demonstrate that a lot of harm has not been compensated nine years after the disaster. Those affected remain steadfast in their fight to hold all those responsible accountable for their actions and to ensure that reparations are effective and comprehensive,’ says Dutch law firm Lemstra Van der Korst (LVDK).
