Case - Italy - Francis Timi v ENI SpA and NAOC

Francis Timi v ENI SpA and NAOC

Summary of facts

In April 2010, an oil pipeline operated by Eni’s wholly owned Nigerian subsidiary (NAOC) burst and caused an environmental disaster that polluted water and land which in turn affected the Ikebiri community’s livelihoods. Following the event, an inspection concluded that the spill was caused by an equipment failure. The leak was closed and the polluted area was burned without the community's consent. No compensation nor clean-up were arranged, so community members initiated legal proceedings in NIgerian courts. Given the lack of effectictive access to justice, Ododo Francis Timi, as the legal representative of Ikebiri community, brought a claim in Eni’s home state- Italy.

Timeline

2018 Court of Milan

Jurisdiction
Yes
Applicable Law
Nigerian Tort Law
Legal issues
  • Concerns parent company liability for the actions of its subsidiary for breaching its duty of care.
  • Invoked Italian domestic law as a basis for adding the Nigerian subsidiary as a co-defendant.
  • Plaintiffs request around €2 million for damages and a commitment to clean up the area.
  • Defendants contested the jurisdiction of the Italian courts and contended that the proceedings against Eni were strategically filed solely to bring the subsidiary under Italian jurisdiction.
Ruling / Outcome
  • An out-of-court settlement was reached between NAOC and the community in October 2018. The settlement included compensation and community projects, but excluded cleaning the pollution resulting from the spill.
  • By 2019, the Court closed the lawsuit as the parties abandoned the case.
Court case

Francis Timi (Ikebiri Community) v Eni SpA and Nigerian Agip Oil Company

Italy
Filed: October 1, 2018
Status: Out-of-court settlement