On 26 May 2026, the Munich Regional Court will hold a civil trial to determine whether TÜV Süd AG is liable for the Brumadinho disaster - more than 1,500 plaintiffs are fighting for justice and demanding a total of around 600 million euros in compensation. While criminal proceedings are already underway in Brazil against employees of the mining company Vale and TÜV Süd, the Munich public prosecutor's office has still not brought charges against TÜV Süd employees or concluded its investigations after more than six years.
On 25 January 2019, a retention basin for toxic mining waste from the mining company Vale burst in Brumadinho in Brazil. 270 people died, entire areas were destroyed and serious environmental damage was caused. A Brazilian subsidiary of TÜV Süd had certified the stability of the dam just four months earlier, despite the known risks of a breach and using standards that fell short of Brazilian and international benchmarks.
"TÜV SÜD's subsidiary in Brazil was controlled by the head office in Munich. Investigations by Brazilian police authorities showed that local decisions were approved by German managers and that the company took unacceptable risks to increase the profitability of its operations. The Brumadinho disaster could have been avoided, and TÜV SÜD's involvement was crucial in ensuring that lives were not saved. More than seven years have already passed. The German justice system must act with seriousness and give an answer to the families of the victims and the entire affected population in Brazil," says Danilo Chammas from the Misereor partner organisation Instituto Cordilheira.
Three different proceedings in Germany and Brazil
The civil proceedings in Munich must be distinguished from the criminal proceedings in Germany and Brazil. In 2019, relatives of victims, together with the European Centre for Constitutional and Human Rights (ECCHR) and Misereor, had already filed a criminal complaint with the Munich public prosecutor's office against an employee of TÜV Süd. The investigation in Germany is focussing on the possible criminal responsibility of individual persons involved. To date, however, the Munich public prosecutor's office has neither brought charges nor decided on the conclusion of the investigation. In Brazil, on the other hand, the judiciary has acted: On 23 February 2026, the criminal trial began against 16 employees of the mining company Vale and the certifier TÜV Süd, charged with 270 counts of murder and environmental crimes, among other things. The criminal trial in Brazil and the civil trial in Germany mark important steps for those affected. At the same time, the ongoing delay at the Munich public prosecutor's office raises fundamental questions about the responsibility of internationally active certification companies.
"The fact that the Munich public prosecutor's office has still not decided on charges against TÜV SÜD employees after more than six years is not only a failure towards the victims of Brumadinho - it is a dangerous signal to the entire industry: those who certify are not liable. Even after one of the most serious wilful mining disasters in recent history, those responsible in Germany are in danger of going unpunished - because the investigations are time-barred before a court has even reached a decision. It is precisely this structural irresponsibility that makes global certification systems so dangerous," says Felipe Bley Folly from ECCHR.
"Brumadinho's crime also emphasises the need to tighten up the German Supply Chain Act, which so far does not provide for compensation or a basis for civil law claims when companies cause damage. In the upcoming implementation of the EU Supply Chain Directive, the German legislator must correct this in order to create more legal certainty for those affected and more clarity for German companies," explains Armin Paasch from Misereor.
The lack of consequences for companies and certification bodies perpetuates structural risks in the mining industry. The Brumadinho case is an example of the dangers of a system in which safety-related inspections are delegated to commercial certifiers who are commissioned and paid by the company being inspected - while effective state control and criminal prosecution are absent. Along global supply chains - from iron ore to cobalt to rare earths - transnational corporations and their subsidiaries can systematically circumvent due diligence obligations as long as binding liability rules are lacking and access to justice for those affected remains blocked.
