2012年09月05日水曜日16:36 晴れ 最低気温;17ー19ºC、最高気温;27ー29ºC、BARCELONA
スペインのバルセロナの裁判所は、1994年にBERGUEDA市で起きた25'800haを焼失した森林火災は、ENDESA電気会社の送電線の保全の悪い漏電からの原因だとして森林の所有者たちに合計3700万0000ユーロの損害賠償を命じる判決を下した
Un juez condenada a Endesa a pagar 37 millones por el incendio del Berguedà
La sentencia condena a la compañía de originar el fuego por el mal estado del tendido eléctrico
Las llamas arrasaron 25.800 hectáreas y mataron a tres personas
EFE Barcelona 5 SEP 2012 - 11:52 CET
judge ordered to pay 37 million Endesa by fire Berguedà
The court convicted the company of causing the fire by the poor condition of the electrical
The flames ravaged 25,800 acres and killed three people
EFE Barcelona 5 SEP 2012 - 11:52 CET
A Barcelona judge has sentenced to indemnify the company Endesa with 37.4 million total to 117 forest owners and agricultural Berguedà Barcelona region affected by the 1994 fire, considering that the fire, which destroyed 25,800 hectares and that killed three people, originated due to the poor state of the power line.
In its judgment that is appealable, the district court number 11 of Barcelona condemned to the electric company to pay damages reaching highs of nearly four million, plus interest, to 117 forest owners who filed complaints against the company. Endesa is analyzing the ruling and "most likely" will use the ruling, according to company sources.
The judge believes that the power company, whom the plaintiffs demanded 115 million euros, is liable for damages caused by fire due to its "inexcusable negligence" in maintaining the power lines that fell off the sparks that led to the fire which destroyed 25,800 hectares in total.
Landowners affected by the fires of 1994, which killed three people, based their claim on the judgment of the Court of Barcelona, which in 2007 acquitted a maintainer of Endesa but left open the path to file civil claims, concluding it was the power line that caused the fire to not be sufficiently protected.
In light of the evidence and testimony provided at the macro-trial, which lasted for several months, Case shown assumes that the fire was on the low voltage line of Endesa, to come off sparks and glowing pieces of coverage PVC that covered lead wires lying.
The judge acknowledged that failed to determine the cause which led incandescent material fell from the power line, but adds that, in any case, has not established that the company "to take all necessary precautions" to prevent a fire, "with most dangerous in summer for temperatures normally prevailing ".
In the opinion of the judge, for its expertise in this field, the power company "could not ignore the risk that the exercise of their activity involves, in addition to which they profit (...)". That reasoning, added the sentence, which leads to the power company "is liable for his inexcusable negligence, but it is shown that the fire occurred by no fault with it."
For the judge, "in no way can be considered that the respondent company has performed sufficient evidence that exonerated of responsibility attached to it. And what is not understood is that the respondent company being the owner of the line to which from the first moment he was attributing the accident causation proveyera not conclusive evidence for, if any, defense for him, "said the statement.
In that sense, the judge considers that Endesa could have removed the remains of the power line running through the place where the fire started and make "detailed consideration, thorough and detail" to rule out anomalies in the stands, especially given I had opened a criminal investigation on the origin of the fire.
Regarding fire simultaneously affected Casserres Township, also in the Berguedà, credited the judge does not believe it to be a secondary focus of which began under the power lines, so relieve the undertaking of responsibility for the damage in that area. The judgment provides for compensation for the effects caused by fire in the infrastructure and crops, though not for the loss of landscape and environmental value, given that the judge reasoned, it is a social damages that may incur claims individually.
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