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UK NGO vs Luxembourg Information & Communication MNE

Case overview

Date filed 13 January 2015
Current status Rejected
Issue HR violations Yemen via satellite services to US
Summary of the case In January 2015 the German NCP received a request for review from an NGO alleging that a multinational enterprise had breached the human rights provisions of the Guidelines in Luxembourg. More specifically the request relates to the alleged support services provided by a multinational company to a military service which allegedly breached the human rights of persons affected by their military operations in Yemen.
Developments/Outcome In undertaking an initial assessment of the specific instance, the NCP examined whether it was the competent NCP to deal with the NGO's request according to the implementation procedures of the OECD Guidelines.

Due to the fact that the company was incorporated in Luxembourg and its main operations centre for satellite operations is located in the US, any issues relating to general due diligence would therefore have to be dealt from there. No assertion has been made that the company’s actions have had any adverse impacts in Germany and no sufficient assertion exists that the company itself conducts related activities in Germany.

On these grounds the NCP has not accepted to consider this specific instance further and issued a final statement concluding the specific instance. As the specific instance did not proceed beyond the initial assessment stage, the names of the parties have not been made public.
Relevant OECD Guidelines
Case keywords Human rights

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 Information and Communication MNE incorporated in Luxembourg
Company address
Company website
Company in violation Information and Communication MNE incorporated in Luxembourg
Country of operations Yemen
Other companies involved

Timeline of developments

Date Actor Action Description Document
11 May 2015 National Contact Point Germany reject German NCP rejects complaint download pdf (145Kb)  
13 January 2015 National Contact Point Germany file Case filed with German NCP, the NCP is currently undertaking an initital assessment.  

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