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Property

Here's how to fight Aljezur oil drilling - last day today, Friday 28th

OilReferendumSMALLAs promised in Sunday morning’s algarvedailynews.com newsletter, here is the important information on the 'Anti Offshore Oil Drilling' class action that ASMAA lodged in Loulé’s Administrative and Fiscal Court, on how the class action is in danger of being kicked out of Court and on how we can make sure that doesn't happen.

At the end of this message, there is a link to letter for you to print off, fill in, scan and email to Loulé Court. Please help - it's five minutes max.

Portugal's blatantly pro-oil government is rattled and its lawyers successfully have petitioned the Judge to force ASMAA to collect letters of support that state that ASMAA is entitled to represent us in this 'class action.'

That first, hugely successful, petition collected over 42,000 signatures against the Galp-ENI oil test-well planned in the ocean off Aljezur.

The Court has issued a condition that must be met before the case can continue: citizens are invited to write to the Judge, stating that ASMAA is fully entitled to represent their views.

ASMAA now needs your support in order to ensure that the class action can proceed, not overturned solely on the basis of a procedural trick by the State-sponsored legal team.

Recent history:

  • In April, ASMAA filed 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.
  • In August, ASMAA also challenged the January decision of the National Entidade Mercados Combustíveis (ENMC) and the supportive opinion of the Portuguese Environment Agency in May, regarding the lack of a requirement for an Environmental Impact Assessment to be commissioned by the Galp-ENI consortium.

These two detailed and complex petitions are going well and the lawyers for the Government and Galp-ENI now are trying to annul the class action by saying ASMAA is not allowed to represent the thousands of people opposing oil drilling because the signatures were collected a while ago and people might have changed their minds.

An advertisement was published in Friday's 'O Público' (page 40) on the instruction of the Administrative and Fiscal Court of Loulé, giving notice to all interested parties to state, within ten days of its publication, their willingness to be represented by ASMAA in the class action.

ASMAA has produced a draft letter (below) that states that you want ASMAA to represent you in the class action.

You do not have to be Portuguese for this letter to be accepted by the Court but you do need to be a citizen of an EU country.

To help stop the Galp-ENI test well, due to be drilled off Aljezur, have a read of the English version so you know what the letter says, and then fill in the Portuguese version, scan it and email it to the court:

loule.taf@tribunais.org.pt

filling in the Subject field with: Case 185 / 18.0BELLE-A

and please send a copy to:

legal@asmaa-algarve.org

or

laurinda@darvozaopovo.org

A second option is to send a registered letter to the court containing a completed Portuguese version of the letter.

Judge Dr Maria Helena Paulino Costa Meirinho Filipe

Administrative and Fiscal Tribunal of Loulé

Unidade Orgânica Nº 1

Rua Dra. Laura Ayres,

8100-851, Loulé

If you do send a letter, please use the registered letter service whereby the recipient has to sign for it.

Also, it would be very helpful to scan the letter and email a copy to ASMAA, so it has a record.

DEADLINE

Please send the completed letter by mail or email as soon as possible this coming week, in fact why not do it now?

The last day to send the letter is next Friday, September 28th so there is very little time .

For information and if you have doubts please contact ASMAA by email:

legal@asmaa-algarve.org

or

laurinda@darvozaopovo.org

ATTACHMENTS

Letter for European citizens (Portuguese and English versions) HERE

Letter for Portuguese citizens ONLY  HERE

Download a copy of the advert in O Público HERE

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Comments  

+1 #8 ASMAA 2018-09-30 11:16
Quoting Ed:
Quoting Susan Williams:
Bravo ASMAA !! But the devil loves the detail ... and the key is whether this court accepts the lower number of petitioners. Or a claim is lodged in another court by the Government Oil enthusiasts (using tax payers money, not theirs!) to argue yet another micro issue. But keep it up - it sets a vitally important precedent for class actions in Portugal. The big bad guys have always wanted to pick on one little guy .... from now on it will be hundreds then thousands of little guys. Then the big guys having to explain themselves at the next election.
The Judge kindly accepted any number over 100 to show that ASMAA could represent the 42,000. The total was around 680 as of Friday 27th so the case can go ahead.


Dear ED

The Judge will still NEED to give her award on the representation. But yes, we are grateful for the massive wave of support that we received in a few days. Now we have another few days to deal with the next claim ...which is that we are potential competitors to the concessionaries (ridiculous we know) …
0 #7 Ed 2018-09-30 08:42
Quoting Susan Williams:
Bravo ASMAA !! But the devil loves the detail ... and the key is whether this court accepts the lower number of petitioners. Or a claim is lodged in another court by the Government Oil enthusiasts (using tax payers money, not theirs!) to argue yet another micro issue. But keep it up - it sets a vitally important precedent for class actions in Portugal. The big bad guys have always wanted to pick on one little guy .... from now on it will be hundreds then thousands of little guys. Then the big guys having to explain themselves at the next election.
The Judge kindly accepted any number over 100 to show that ASMAA could represent the 42,000. The total was around 680 as of Friday 27th so the case can go ahead.
+1 #6 Susan Williams 2018-09-30 07:40
Bravo ASMAA !! But the devil loves the detail ... and the key is whether this court accepts the lower number of petitioners. Or a claim is lodged in another court by the Government Oil enthusiasts (using tax payers money, not theirs!) to argue yet another micro issue. But keep it up - it sets a vitally important precedent for class actions in Portugal. The big bad guys have always wanted to pick on one little guy .... from now on it will be hundreds then thousands of little guys. Then the big guys having to explain themselves at the next election.
+4 #5 ASMAA 2018-09-29 10:25
Quoting Brandon:
Considering the glacial speed at which Portuguese court cases normally proceed to give the 42,000 supporters of this petition only 10 days to respond to this requirement is crass beyond belief, proving beyond doubt the blatant coercion of the judiciary by the government to make a perfectly legitimate case by the ASMAA as difficult as possible.


Dear Brandon, fortunately we don't need all 42,000 to sign. By law we need a few dozens. We were targeting 100, we got 686 (even if the court disqualifies any declarations we will meet the requirements). Once accepted by the court, it means that we have proof that ALL that signed petitions will be represented. Turning this action into the biggest Class Action in Portugal. But it was a heavy work load in very short time frame.
+1 #4 John Snow 2018-09-28 11:34
I can see by the participation in this message board that people are finally coming to their senses. The only countries who have given up oil exploration are the ones who looked for so long without finding anything, that they have given up. I am convinced that is what will happen with Portugal, this well will be dry and there we will cancel new projects because we ran out of hope to find anything.
+3 #3 Ed 2018-09-24 16:50
Quoting Jack Reacher:
Surely asking for passport number is a dangerous precedent. Who knows what sinister black ops work in the corridor of Portuguese Government.


I am proud to put my name to this appeal.

The State has my passport number anyway - and yours...
+1 #2 Jack Reacher 2018-09-24 16:39
Surely asking for passport number is a dangerous precedent. Who knows what sinister black ops work in the corridor of Portuguese Government.
+10 #1 Brandon 2018-09-24 09:02
Considering the glacial speed at which Portuguese court cases normally proceed to give the 42,000 supporters of this petition only 10 days to respond to this requirement is crass beyond belief, proving beyond doubt the blatant coercion of the judiciary by the government to make a perfectly legitimate case by the ASMAA as difficult as possible.

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