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Title:
Alfonso Cala Castillo V. Petroproduccion (Ecuador’s Oil Company
Party:
Ecuador
Region:
Latin America and the Caribbean
Type of document:
National - higher court
Date of text:
December 11, 2008
Data source:
InforMEA
Court name:
Supreme Court, Second Civil Court
Seat of court:
Quito
Justice(s):
Rigoberto Barrera Carrasco; Carlos Ramírez Romero; Freddy Ordóñez Bermeo
Reference number:
67 R.O 486
ECOLEX subject(s):
Waste & hazardous substances
Abstract:

In this case, Alfonso Cala Castillo suits Petroproduccion for causing 3 oil spills in his farm in Lago Agrio. The several spills occurred between 1998 and 1999, which polluted watercourses, coffee and banana crops and livestock from his property. As a result, he suits Petroproduccion for the damage caused, as well as pollution of land and marshes.

The Judge of the lower Civil Court accepted the legal claim and sentenced to Petroproduccion to pay for the damage caused to the property of Alfonso Cala Castillo. Petroproduccion appealed the decision in front of the Court from the province of Nueva Loja. This Court rejects the legal claim for failing to the act and explains that the damage occurred in 1999 so the claim should consider applicable law in the time, when the damage occurred and not the current law.

Alfonso Cala Castillo appealed the decision in front of the Ecuadorian Supreme Court, which reversed the Court from the province of Nueva Loja decision.   Indeed, The Court consider that it cannot invoke lawlessness to justify the violation of the rights established in this Constitution and deny the recognition of such rights. The judges confirm the sentence of the lower Civil Court and condemn Petroproduccion to pay to Alfonso Cala Castillo for the damages caused because of the oil spill.