Greenpeace Germany vs. West LB

Allegations

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.

Relevant OECD Guidelines

• Version 2000 Chapter II
• Version 2000 Chapter II Paragraph II.1
• Version 2000 Chapter II Paragraph II.2
• Version 2000 Chapter V
• Version 2000 Chapter V Paragraph V.0
• Version 2000 Chapter V Paragraph V.1 Subparagraph V.1.A
• Version 2000 Chapter V Paragraph V.1 Subparagraph V.1.B
• Version 2000 Chapter V Paragraph V.1 Subparagraph V.1.C
• Version 2000 Chapter V Paragraph V.2 Subparagraph V.2.A
• Version 2000 Chapter V Paragraph V.2 Subparagraph V.2.B
• Version 2000 Chapter V Paragraph V.3
• Version 2000 Chapter V Paragraph V.4
• Version 2000 Chapter V Paragraph V.5
• Version 2000 Chapter V Paragraph V.6 Subparagraph V.6.A
• Version 2000 Chapter V Paragraph V.6 Subparagraph V.6.B
• Version 2000 Chapter V Paragraph V.6 Subparagraph V.6.C
• Version 2000 Chapter V Paragraph V.6 Subparagraph V.6.D
• Version 2000 Chapter V Paragraph V.7
• Version 2000 Chapter V Paragraph V.8

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.

More details

Documents

• letter

  1 October 2003

  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.

  NCP Germany
• file

  15 May 2003

  Complaint filed with German NCP.

  Greenpeace Germany