In a significant legal development, a French appeals court recently dismissed an appeal from Nicaraguan banana workers seeking to enforce a compensation claim. The appeal was grounded in a long-standing dispute over the alleged harmful effects of the pesticide “Nemagon” (DBCP) on workers from Nicaragua’s Chinandega province, who were employed on plantations operated by the Dole Fruit Company during the 1970s and 1980s.
The Paris appeals court ruled that the monetary awards sought were “manifestly disproportionate,” effectively upholding a prior decision by the court of first instance. Initially, a Nicaraguan court, in 2006, had ordered Dole, along with chemical producers Dow Chemical Company and Shell Oil, to pay $805 million in damages, asserting the pesticide caused adverse health effects such as sterility and respiratory issues. Despite this ruling, the companies evaded enforcement by removing assets from Nicaragua, stalling compensation efforts for years.
Pushed into pursuing legal recourse elsewhere, representatives of the affected workers turned to France in 2018. Under French civil procedure, specifically the principle of “exequatur” detailed in article 509 of the Code on Civil Procedure, cases from foreign jurisdictions can be recognized in France. However, for enforcement, it is necessary that the original court’s jurisdiction is valid, the decision aligns with international public policy, and there is no indication of fraud.
The French judgment deemed the damages sought contrary to public policy norms, a point underscored in analysis by JURIST. Raphael Kaminsky, representing the Nicaraguan workers, critiqued the judgment as an “error of judgment” and confirmed plans to escalate the case to France’s highest court, the Court of Cassation.
As workers continue to await compensation, many have died since the original Nicaraguan ruling. The debacle not only highlights the complexities of international legal proceedings but also underscores the often insurmountable challenges faced by workers in holding large corporations accountable across borders. Additional perspectives and updates on this ongoing case can be found in articles from AP News and Reuters, providing broader context to this international legal narrative.