EC- Polluter Pays Principle and Channeling of Liability

Friday, March 14, 2008

The European Commission (EC) summarized the opinion of the Advocate General in litigation involving the damages arising from the discharge of heavy fuel oil from the tanker ERIKA.  A complaint seeking damages was filed by a French commune against the Total Group on the basis that it was involved in producing, selling, or carrying the heavy fuel oil without actually carrying it.  The advocate general, in an advisory opinion to the European Court of Justice, stated that, in accordance with the Waste Framework Directive, the financial burden of the disposal operations should be on the persons who cause the waste, whether they are holders or producers of the waste.  The opinion then points out that, under the Civil Liability Convention (CLC), a claim for compensation in against anyone other than the ship owner is precluded unless the damage was caused intentionally or recklessly.

Source: HK Law

Maritime Reporter March 2014 Digital Edition
FREE Maritime Reporter Subscription
Latest Maritime News    rss feeds

Environmental

Huge Iceberg Broken off Antarctica Heads for Open Ocean

Scientists are monitoring an iceberg roughly six times the size of Manhattan - one of the largest now in existence - that broke off from an Antarctic glacier and is heading into the open ocean.

Offshore Oil & Gas: Brazil’s Northern Frontier

In an effort to spread out oil and gas production to other parts of the country and increase overall oil production, Brazil has finally intensified hydrocarbon

RINA Launches Notation for Eco-ships

International classification society RINA has launched a new voluntary notation to clearly identify new ship designs which meet eco-ship criteria. The Efficient

News

Euronav Posts 62% Core Profit Increase

Belgian crude oil shipping group Euronav on Wednesday unveiled a 62 percent rise in first-quarter core profit as daily rates for its fleet rebounded from last year.

Huge Iceberg Broken off Antarctica Heads for Open Ocean

Scientists are monitoring an iceberg roughly six times the size of Manhattan - one of the largest now in existence - that broke off from an Antarctic glacier and is heading into the open ocean.

Offshore Oil & Gas: Brazil’s Northern Frontier

In an effort to spread out oil and gas production to other parts of the country and increase overall oil production, Brazil has finally intensified hydrocarbon

 
 
Maritime Careers / Shipboard Positions Maritime Contracts Maritime Standards Naval Architecture Pipelines Port Authority Ship Electronics Ship Repair Sonar Winch
rss | archive | history | articles | privacy | 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: 0.3103 sec (3 req/sec)