Indecopi considers that Repsol must compensate the Peruvian State

The executive president of Indecopi, Julian Palacin Gutierrez, asked the Ministry of the Environment (Minam) to demand from the Energy and Mines sector (Minem) the insurance and reinsurance policy of the Repsol company, which must cover civil liability for damage caused to the environment and to consumer citizens.

The request was submitted after the oil spill on the beaches of Ventanilla, from the La Pampilla Refinery, operated by the Spanish oil company in our country.

If possible, he specified, an expert opinion of the damages must be made to initiate the extrajudicial conciliation process and then a possible judicial process against Repsol and jointly and severally against its insurance and reinsurance company in the international market, in application of article 1987 of the Civil Code.

It should be noted that the code establishes the joint and several liability of international insurers and/or reinsurers, with the application of the doctrine of social distribution of damages, agreed in international insurance policies.

“Currently, with a government that defends the sovereignty of Peru and the right to demand justice in the face of this damage, we propose, in defense of consumers, a legal roadmap through Indecopi, to set a legal and historical precedent regarding the compensation that corresponds to any environmental damage to the detriment of the Peruvian State,” said Palacín.

Indecopi: Repsol must pay

The head of Indecopi stated that whoever causes damage to another must compensate him. In this sense, in his opinion, it should be understood that environmental damage has a monetary quantification that translates into compensation for damages, since, “in comparative law, environmental damage is compensated.”

“We believe that this legal route should be followed in Peru, which will allow, in the future, greater security measures to be taken to avoid pollution damage that harms consumers and the Peruvian State as a whole,” said Julián Palacín Gutiérrez. .

For the lawyer, all companies that carry out risky or dangerous activities within the national territory, which is the sovereignty of Peru, should be required to register their insurance and reinsurance policies with the Minem.

“Historically, the State has not adequately defended its compensation rights against environmental contamination in oil, mining and gas activities, among others (…). This is the right principle of any democratic society”, he asserted.

Indecopi: citizens must get involved

Finally, Indecopi urged citizens, “who have the right to have beaches and a healthy environment,” to demand that Repsol, as the operator and operator of the La Pampilla Refinery, take responsibility for the damage caused.

“Without prejudice to the investigation and administrative responsibility ruled by the competent authorities, it is important to determine if there was ecological and environmental damage, goods specially protected by the Peruvian State, and if it is the case that the civil responsibility is determined and the corresponding compensation is calculated. , previous expert opinion”, he sent.