Case on EU Ship Source Pollution Directive to be Heard

Monday, September 24, 2007
On September 25, 2007, the European Court of Justice (ECJ) in Luxembourg will hear oral arguments in the case brought by INTERTANKO and the industry coalition to examine the validity of the European Union (EU) Ship Source Pollution Directive.

Members will recall that the case brought against the U.K.'s Secretary of State for Transport had originated in the Administrative Court of the English High Court. Judgment was granted in favour of the industry coalition in July 2006. The High Court had directed that the case be transferred to the ECJ as that Court has the sole power to rule on the validity of a piece of EU legislation. The Directive, which seeks to criminalise accidental pollution, has proved to be controversial from both the legal and practical standpoints.

The case has been assigned to be heard by thirteen judges of the ECJ, the maximum possible number, plus the Advocate General assigned to the case. This is termed the Grand Chamber of the Court. Approximately three quarters of all the cases brought before the Court are heard by a Chamber of three judges. Thus it is clear that the Court views the case as one of great importance.

Representing the industry coalition - INTERTANKO, INTERCARGO, the Greek Shipping Cooperation Committee, Lloyd's Register and the International Salvage Union - are Professor Christopher Greenwood QC CMG and Hugh Mercer of counsel, instructed by Colin de la Rue of Ince & Co.

EU Member States that support the coalition's case are Cyprus, Greece and Malta. Member States that oppose it include the U.K., France, Spain, and Italy. In addition the EU institutions support the validity of the Directive. The case will examine very carefully the relationship between the Directive and Member States' existing treaty law obligations under MARPOL and UNCLOS.

(Source: Intertanko)

Maritime Reporter January 2015 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Tanker Trends

Libya Forces Tanker Away from Supplying Rival Government

Libya's recognized government said it forced a tanker from delivering fuel to its rival administration, diverting the vessel to its own territory by threatening an air attack on it.

Gypsy Moth Clause Takes Balanced Approach to Risk

A new BIMCO clause provides a simple, practical and commercial solution focusing on the basic obligations and responsibilities of owners and charterers when dealing with the Asian Gypsy Moth (AGM).

Batangas Port Sets Container Record

Batangas Container Terminal (BCT) set a new record in 2014 for containers handled, says its operator Asian Terminals, Inc. (ATI).  Port handled over 98,000 twenty-foot-equivalent

Environmental

The 2nd Ballast Water Management Summit

Sign-up for this year’s most in-depth exchange of information and best venue for BWT stakeholders to network and meet their regulatory peers is underway.   Infocast’s

Britain to Ban Fracking in National Parks

Britain said on Monday it would ban fracking in national parks, reversing a policy announced last year, in a concession to the opposition Labour Party which had

KR Launches Software to Aid ECA Compliance

The Korean Register (KR) has launched an in-house developed software program to assist vessels with fuel oil change over when complying with the new low sulphur regulations.

 
 
Maritime Standards Navigation Pipelines Port Authority Salvage Ship Electronics Ship Simulators Shipbuilding / Vessel Construction Sonar Winch
rss | archive | history | articles | privacy | terms and conditions | contributors | top maritime news | about us | copyright | maritime magazines
maritime security news | shipbuilding news | maritime industry | shipping news | maritime reporting | workboats news | ship design | maritime business

Time taken: 0.1523 sec (7 req/sec)