PP317
Analítico de Periódico
WELLER, Matthias, e outro
Local parents as 'anchor defendants' in European courts for claims against their foreign subsidiaries in human rights and environmental damages litigation : recent case law and legislative trends / Matthias Weller, Alexia Pato
Uniform Law Review, Oxford, v.23 n.2 (2018), p.397-417
DIREITO DO AMBIENTE, CRIME AMBIENTAL, VIOLAÇÃO DOS DIREITOS DO HOMEM, RESPONSABILIDADE AMBIENTAL, RESPONSABILIDADE DA EMPRESA, EMPRESA MULTINACIONAL, DIREITO INTERNACIONAL PRIVADO
Over the last few years litigation in European courts against gross human rights violations and widespread environmental disasters has intensified Recent case law shows that victims domiciled in third States have attempted to start proceedings in Europe, where the parent company of a negligent local subsidiary is seated. In light of this, national courts of the EU have been asked to determine whether the parent company located in the State of the court seized with the matter may serve as an anchor defendant for claims against its foreign subsidiary in Okpabi & Ors v. Royal Dutch Shell Pie & Anor, Akpan v. RDS, and K1K, national courts’ assessment regarding international jurisdiction has significantly diverged. Unsatisfied with this result some States have adopted—or are in the process of adopting-legation that establishes or reinforces the duty of care or vigilance of parent companies directly towards victims. This article examines the latest legislative developments that took place in France, Switzerland, and Germany. Notably, many States have opted for the amendment of their substantive law (only) rather than (additionally) for the modification of private international law rules.