In this article, you’ll find a brief explanation of what is a "Class Action". We've drafted this note, so that everyone understands why it was the most appropriate and the selected course of action followed by ASMAA. Any association can choose to follow this strategic path as long as certain conditions are met. We have taken this opportunity to answer a number of questions that we have received, and which in our opinion are important - so that everyone can be properly informed.
On April 6, 2018, ASMAA filed with the Administrative and Fiscal Tribunal of Loulé (TAF) an action to request the cancellation of oil contracts in the Alentejo Basin, alleging the breach of various contractual and administrative procedures, and process illegalities.
Apesar do facto de a ASMAA, em junho de 2016, fevereiro e dezembro de 2017, ter levado 42.295 objeções públicas à Assembleia da República Portuguesa, contra a concessão de licença de perfuração à ENI / Galp, encabeçando assim uma grande petição popular contra a referida concessão, as petrolíferas representadas pela nata das sociedades de advogados da ENI / Galp, com o total apoio do Governo Português contestaram a nossa Ação Popular desafiando a legitimidade da nossa ação jurídica, ignorando que a referida Ação Popular interposta pela ASMAA representa todas as pessoas e organizações que se opuseram oficialmente à perfuração planeada em Aljezur.
In spite of the fact that ASMAA, in June 2016, February and December 2017, represented 42,295 public objections in the Portuguese Parliament against the granting of drilling licence to ENI/Galp, a pack of big legal guns employed by ENI/Galp with the full support of the Portuguese government, is challenging the legitimacy of ASMAA’s Class Action, representing all those individuals and organisations that objected to the planned drilling in Aljezur.
ENI threatens the Portuguese government by alluding that they may lay claim to 4M€ in compensation if drilling of Aljezur coast fails to get the green light to proceed. Alleging that it was the amount of money already spent in preparation for drilling.
A lot of ink has run in the mainstream press and other social media platforms about the alleged victory of PALP in the Loulé Administrative and Fiscal court on 13 August 2018. Let's look at the facts.
On August 14, (the same day that the Ministry of Sea contested the court decision on PALP's suspensive rule) ASMAA challenged in the Administrative and Fiscal Tribunal of Loulé (TAF) the decision by the Entidade Nacional Mercados Combustiveis (ENMC) dated January 9, as well as the Portuguese Environment Agency (APA) public consultation report of May 16 2018.