American chemical company 3M has been ordered by a court in Antwerp to pay provisional damages of €2,000 in compensation to a family from Zwijndrecht whose blood was contaminated by its activities.
The family sued 3M last year after discovering all four members had abnormally high amounts of per and polyfluoroalkyl substances (PFAS) in their blood. The substances are used to, among other things, waterproof textiles or coat pans with Teflon, and have been linked in recent studies to possible health risks, such as an increased risk of cancer.
The Antwerp Justice of the Peace on Monday stated that the family had experienced "excessive neighbourly nuisance," and found that 3M was liable. It ordered the company to pay provisional compensation of €2,000 to the family, i.e. €500 per member, marking the first time an Antwerp court has ruled on the consequences of the activities of the company.
Contaminated soil and blood
The family lives about 1 kilometre from the 3M factory in Zwijndrecht. During excavation work for the Antwerp bypass, it became apparent that the soil near the site was contaminated with PFAS, also dubbed forever chemicals, as they hardly break down in the environment.
The members of this household, two children and their parents, were tested and found to have PFAS levels up to 100 times higher than the accepted threshold. The chemicals were also found in their vegetable garden.
The family went to the Justice of the Peace to claim compensation from the chemical company on the basis of Article 3.101 of the Civil Code, regarding “excessive neighbourhood nuisance.”
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While 3M could still appeal the decision — it already said the justice of the peace could not rule on the case, and that the family's claim for compensation was unfounded — Flemish environment minister Zuhal Demir is calling on the company not to do so and to accept its responsibility.
"Accepting this ruling would thereby send a good signal to the entire community. For 3M: have the courage to take responsibility and not hide behind an army of lawyers. You know what you did," Demir said.
She added that it is not inconceivable that 3M will appeal the decision, as it creates an opportunity for other local residents to also start similar proceedings and use the precedent as leverage. At the start of May, soil remediation formally started in the area.
