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 Today

The Maritime Industry's original and most viewed E-News Service

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


It's All in the Planning

Continuing voracious demand for mined materials in China, India and other developing nations has led to an associated requirement for increased bulk terminal capacity

Alfa Laval Debuts Inline Scrubber Design

Alfa Laval’s PureSOx exhaust gas cleaning system platform now includes an inline scrubber design: I-design.   “Through open-loop, closed-loop and hybrid arrangements,

Fugro to Survey off Equatorial Guinea

Fugro has been awarded a contract by Ophir Equatorial Guinea (Block R) Limited for the provision of survey services for the development of large scale assets and


Scorpio Bulkers Sells Six Ships for $227 Mln

Scorpio Bulkers Inc. has entered into agreements with unaffiliated third parties to sell two Capesize dry bulk vessels and four newbuilding Capesize dry bulk vessels

Rocket Debris Found Near Isles of Scilly

A piece of metal thought to be debris from an American space rocket was recovered from the sea off the Isles of Scilly.   The metal – a large section of alloy about 10 meters by 4 meters,

NY/NJ Port Authority Sees Debt Issuance of $1.2 bln in 2016

The Port Authority of New York and New Jersey sees consolidated debt issuance of $1.2 bln in 2016 compared with $1.5 bln this year, according to its $7.9 billion 2016 budget released on Monday.

Maritime Careers / Shipboard Positions Maritime Security Pipelines Pod Propulsion Port Authority Salvage Ship Electronics Ship Repair Ship Simulators 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: 0.0781 sec (13 req/sec)