On 12 November 2025, the District Court of Zeeland-West-Brabant issued an important interim judgment in the ongoing proceedings brought by the Dutch Fishermen’s Association against 3M concerning PFOS contamination in the Westerschelde. The court ruled that it has jurisdiction to hear the claims.
The court rejected 3M’s arguments that the Dutch courts lack jurisdiction and that the claims should be deemed inadmissible. Instead, it found that the pollution has led to direct economic damage in the Netherlands, as parts of the Westerschelde have become unsuitable for fishing. This establishes a sufficient connection to the Netherlands for the court to assume jurisdiction.
Importantly, the court also held that jurisdiction extends to the US based parent company (3M Company), given its involvement in decision-making relating to PFOS emissions and the cross-border effects of the pollution.
This interim judgment marks a significant procedural milestone in a case that has been actively pursued over an extended period. The matter will now proceed to substantive consideration before a multi-judge panel, where the claims will be assessed on their merits.
Milberg continues to work closely with the Dutch Fishermen’s Association to advance the case and seek compensation for the damages suffered as a result of the contamination.