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Greenpeace Germany vs. West LB

Case overview

Date filed 15 May 2003
Current status Rejected
Issue West LB financing of oil pipeline in Ecuador
Summary of the case This case concerns West LB’s financing of a pipeline in Ecuador. Project sponsors are accused of violating environmental and human rights and is violating four important Work Bank criteria.

The mayor owner of the West LB is the regional state Nordrhein-Westfalen. There have been quite a few public hearings on that issue before it was filed as a case. West LB has stated that a precondition of their financing is the project strictly follows the internationally accepted environmental standards of the World Bank.



Developments/Outcome In October 2003, the German NCP rejected the case, citing the lack of an investment nexus. The NCP also argued that the OECD “Code of Liberalisation of Capital Movements” requires “investments which give the possibility of exercising an effective influence on the management thereof” in order for an investment nexus to exist. Greenpeace was considering asking for a formal clarification by the OECD Investment Committee about the eligibility of the complaint.
Relevant OECD Guidelines
Case keywords Supply chain, Extractives / mining sector, Human rights, Environment, Energy sector, Financial sector, Investment nexus, Disclosure of information

NCP Information

NCP name National Contact Point Germany
NCP address Scharnhorststrasse 34-37 10115 Berlin, Germany
NCP website www.bmwi.de/go/nationale-kontaktstelle
Other NCPs involved

Complainant

NGO

Company Information

Company responsible Westdeutsche Landesbank AG
Company address Herzogstraße 15
40217 Düsseldorf
Germany
Company website http://www.westlb.de/
Company in violation Oleoducto Crudos Pesados (Ecuador Heavy Crude Oil Pipeline) Consortium members include:EnCana (Canada), Repsol YPF (Spain), Pecom Energia (Argentina), Occidental Petroleum (U.S), ENI AGIP (Italy), Techint (Argentina), Perenco (U.K)
Country of operations Ecuador
Other companies involved

Timeline of developments

Date Actor Action Description Document
1 October 2003 National Contact Point Germany letter NCP rejects the complaint, citing the lack of an investment nexus. The NCP argues that the OECD “Code of Liberalisation of Capital Movements” requires “investments which give the possibility of exercising an effective influence on the management thereof” in order for an investment nexus to exist.  
15 May 2003 Greenpeace Germany file Complaint filed with German NCP.  

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