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Netherlands

40

of 50 Netherlands cases

Class Action / Collective ProceedingsOn AppealEnergy

NetherlandsPart of the Netherlands collection, outside the ranked index.

Petrobras Foundation v. Petrobras

Stichting Petrobras Compensation Foundation v. Petróleo Brasileiro S.A. (Petrobras) and Others

Investors’ foundation seeks Dutch rulings that Petrobras is liable for Lava Jato losses

At stake
Unquantified
Score
28.0Provisional, impact not rated yet
Latest event
Jun 30, 20264 months ago
Next step
Not scheduledNothing dated on the record yet
Commenced
20179 yr 4 mo ago
Court
Court of Appeal of The Hague200.354.523/01

A Dutch foundation acting for Petrobras investors outside a $2.95B U.S. settlement sued Petrobras and group companies in Rotterdam over losses after the Lava Jato bribery scandal. On October 30, 2024, the District Court of Rotterdam rejected the shareholder claims under Brazilian and Argentine law but largely upheld bondholder claims under Luxembourg law. The foundation and Petrobras have both appealed to the Court of Appeal of The Hague.

Latest development Jun 30, 2026

On June 30, 2026, the Court of Appeal of The Hague declared the foundation inadmissible in its appeal against two Dutch Petrobras units, which the foundation had withdrawn. The units are Petrobras International Braspetro and Petrobras Global Finance. The appeal against Petrobras and the cross-appeals continue. A week earlier, the court refused to let two investors join the foundation’s side.

Why it matters

The appeal will decide whether investors outside the U.S. settlement can hold Petrobras liable for share price losses in a Dutch collective action. It will also decide whether the bondholder findings under Luxembourg law stand. The case also tests how far Petrobras’s bylaw arbitration clause keeps investors out of court.

Background

In 2014, the Brazilian criminal investigation known as Lava Jato revealed that contractors had overcharged Petrobras and paid kickbacks to senior Petrobras officials and politicians. Petrobras securities fell sharply between October 2014 and March 2015. Stichting Petrobras Compensation Foundation was set up in Amsterdam on November 12, 2015. It acts for investors not covered by a $2.95B settlement approved by the U.S. District Court for the Southern District of New York. It sued Petrobras, Dutch group companies, and former officers in the District Court of Rotterdam. The collective action follows the rules in force before the Dutch Act on Collective Damages Claims (WAMCA).

Petrobras relied on an arbitration clause in its bylaws. On September 19, 2018, the court held that the clause did not deprive it of jurisdiction over the shareholder claims. On May 26, 2021, it reversed part of a January 2020 ruling and included shareholders who traded on the São Paulo exchange. Those who had started arbitration or been held bound to arbitrate stayed out. On July 26, 2023, it held that Petrobras and Petrobras Global Finance (PGF) had acted unlawfully toward investors under several legal systems, and it sought expert advice on foreign law.

In its final judgment of October 30, 2024, the court held that under Brazilian law shareholders cannot recover share price losses from the company. It found it had not been shown that a large enough group of shareholders could do so under Argentine law. It largely upheld the claims against Petrobras and PGF for bondholders whose claims are governed by Luxembourg law, and claims against several officers who did not appear.

The foundation appealed on January 29, 2025, and Petrobras cross-appealed. On June 23, 2026, the Court of Appeal of The Hague refused to let two investors whose Brazilian arbitrations had failed join the foundation’s side. It held that they fall outside the foundation’s class. On June 30, 2026, it declared the foundation inadmissible in its appeal against Petrobras International Braspetro and PGF after the foundation withdrew it. The appeal against Petrobras continues.

Timeline 8 events

  1. Order
    Foundation’s appeal against two Petrobras units declared inadmissible

    The foundation had withdrawn its appeal against Petrobras International Braspetro and PGF. The court ordered it to pay the costs of the incidental proceedings.

    ECLI:NL:GHDHA:2026:1981

  2. Order
    Court of Appeal refuses to let two investors join the foundation

    The court held that Interfund SICAV and Fideuram Asset Management (Ireland) fall outside the foundation’s class because arbitrators had not declined jurisdiction over their claims.

    ECLI:NL:GHDHA:2026:1982

  3. Appeal
    Foundation appeals to the Court of Appeal of The Hague

    Petrobras later filed a cross-appeal.

    ECLI:NL:GHDHA:2026:1981ECLI:NL:GHDHA:2026:1982

  4. Judgment
    Rotterdam court rejects shareholder claims but upholds bondholder claims

    The final judgment rejected claims governed by Brazilian or Argentine law and largely upheld claims of bondholders governed by Luxembourg law against Petrobras and PGF.

    Rechtspraak news, October 30, 2024Deminor

  5. Judgment
    Court finds Petrobras and PGF acted unlawfully toward investors

    The court found inadequate action against fraud and incorrect information to investors, and sought expert advice on Brazilian, Argentine, and Luxembourg law.

    ECLI:NL:RBROT:2024:10725

  6. Judgment
    Court brings São Paulo exchange shareholders into the class

    Reversing part of a January 2020 ruling, the court included shareholders who traded on the São Paulo exchange, except those who had started arbitration or been held bound to arbitrate.

    ECLI:NL:GHDHA:2026:1982

  7. Judgment
    Rotterdam court rejects Petrobras’s arbitration clause defense

    The court held that the bylaw arbitration clause did not deprive it of jurisdiction over the claims brought for shareholders.

    ECLI:NL:GHDHA:2026:1982

  8. Other
    Investors set up Stichting Petrobras Compensation Foundation

    The Amsterdam foundation was formed to pursue claims of Petrobras investors outside the U.S. settlement.

    ECLI:NL:GHDHA:2026:1982