Case - Sweden - Arica v Boliden

Arica v Boliden

Summary of facts

Between 1984 and 1985, Boliden subcontracted Promel to export mining waste to Arica, Chile. Promel dumped the waste, unprocessed and unprotected, without extracting the arsenic. In 1994, families moved into social housing on the outskirts of Arica and by 1998 around 3,000 people displayed symptoms of serious diseases like cancer, skin diseases and neurological disorders with children being severely affected. Chilean authorities moved the waste about a kilometer away.

In 2007, 374 residents filed civil proceedings against Promel. The Chilean Supreme Court ordered Promel to clean the contaminated area, but Promel declared bankruptcy and did not comply with the order.

Timeline

2019 Court of Appeal for Upper Norrland

Jurisdiction

Yes

Applicable Law

Swedish Law (Tort Liability Act; Act on Limitation)

Legal issues

The claimants appealed the District Court's dismissal

Ruling / Outcome

The Court dismissed the appeal as the cause of action was time-barred
Plaintiffs were required to pay €3.2 million in litigation costs

2018 District Court in Skellefteå

Jurisdiction

Yes

Applicable Law

Chilean Law

Legal issues

Concerns liability for the actions of a contractor
Plaintiffs argued that Boliden breached a duty to ensure Promel processed the waste appropriately.

Ruling / Outcome

The Court concluded causation cannot be established. While Boliden’s waste was the more likely cause, Boliden could not have reasonably foreseen the outcome as the affected area was an unpopulated desert area at the time of the transfer.
The court found Boliden was negligent in continuing its relationship with Promel, but in 2018, it dismissed the action.

Court case