Onder 6.10 Gerechtshof Den Haag 18 december 2015

Ad d Reports of Significant Incidents and High Potential Incidents 2001-2004. Demanded are incidents reported by SPDC in the three year period preceding the 2004 spill concerning (i) (potential) spills and defects to the entire pipeline near Goi and (ii) sabotage attempts to pipelines in a 100 km radius around Goi. With regard to these reports Shell has also advanced the defence that they do not relate to the spill in question, because that spill does not fall within the category ‘incidents with serious consequences’ and therefore was not included in the aggregated quarterly reports. This does not affect the fact, however, that inspection of the reports in question may be important within that context to the alleged violation of a duty of care. As regards the reports of attempted sabotage it may be important whether they concerned a subterraneous pipeline. This part of the claim is therefore allowed in the manner set forth hereunder.

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