After the dam breach in Brumadinho in Brazil, the catastrophe with 260 deaths is now being reopened before the Munich Regional Court.

The affected community and the family of one of the victims have sued TÜV Süd for damages.

Because its Brazilian subsidiary had the mining company Vale certified the safety of the dam half a year before the accident on January 25, 2019.

When the retention basin of the iron ore mine broke, 13 million cubic meters spilled through the valley.

Among the dead was 30-year-old engineer Izabela Barroso, who was having lunch in the Vale canteen.

Her husband and two of her brothers plan to attend the trial on Tuesday.

The community and the family limited the amount in dispute in the test case to around 400,000 euros in order to save litigation costs.

First of all, the court should determine whether there is any claim at all.

The amount should then be clarified in a second step, according to the plaintiff's lawyer Jan Erik Spangenberg.

Together with the Brazilian-British-US law firm PGMBM, however, he represents 1200 injured parties and ultimately hopes for compensation in the three-digit million range.

TÜV Süd defends itself against the demands and has already set aside 20 million euros for legal and consulting fees.

The declaration of stability was in line with Brazilian standards.

"The operator is responsible for the mine and associated dams and is liable for all damage resulting from the operation of the dam," said TÜV Süd before the start of the process.

Vale has pledged almost six billion euros in compensation

Vale promised almost six billion euros in compensation in a court settlement with the Brazilian state of Minas Gerais in February.

According to the Brazilian authorities, around a third of the amount will benefit the community of Brumadinho and the population there.

"The plaintiffs in the present proceedings are already being fully compensated by Vale," said TÜV Süd.

The billions in compensation from Vale were "a sham" because there were no direct payments to the victims, said plaintiff lawyer Spangenberg.

The municipality received only minor payments.

The mills of the Brazilian judiciary worked very slowly.

A procedure against the TÜV Süd in Munich is more efficient than against the subsidiary in Brazil, a judgment is easier to enforce here.

Gustavo Barroso, the plaintiff and brother of the dead engineer, said: “We cannot fight Vale in Brazil.” Hopes rested on the German court.

According to the Minas Gerais public prosecutor's office, the test certificate was issued even though the auditors were aware of the poor condition of the plant and the risk.

An examiner said he felt pressured by Vale agents.

Criminal investigations are underway in Brazil against 16 employees of the two companies, in Munich against one TÜV employee.

According to a court spokeswoman, it is unlikely that the civil chamber in Munich will already announce a decision on the claim for damages on Tuesday.

However, Spangenberg expects an initial assessment of some essential questions.

The plaintiff's attorney hopes the district court will apply Brazilian law.

According to this, all those directly or indirectly involved in environmental pollution are liable, "there is no need to be at fault," he said.