The Netherlands

On behalf of the team

On 11 February 2022, the Supreme Court ruled in the case of Trafigura versus the Stichting Victimes Des Déchets Toxiques de Côte D’Ivoire.[1]Supreme Court 11 February 2022, ECLI:NL:HR:2022:165 The Supreme Court assessed Trafigura’s complaints about the judgment from the Court of Appeal. These complaints pertained to, inter alia, (i) the application by the Court of Appeal of Article 8 of the Brussels I Regulation (Recast) and its substantiation thereof, (ii) the assessment of the admissibility and the facts that the Court of Appeal involved therein and (iii) the assessment of the similarity requirement and the safeguard requirement by the Court of Appeal. The Supreme Court ruled that Trafigura’s complaints about the judgment of the Amsterdam Court of Appeal of 14 April 2020 are unfounded and cannot lead to the setting aside of that ruling. This means that the handling of the Foundation’s claim before the Amsterdam Court of Appeal can be continued. On grounds of Article 81 of the Judiciary (Organisation) Act, the Supreme Court does not state its reasons for arriving at this decision.