Stručni rad
THE IMPACT OF THE EUROPEAN ENVIRONMENTAL LAW ON THE CARRIAGE OF OIL BY SEA
Dorotea Ćorić
orcid.org/0000-0002-7080-7972
; Pravni fakultet Sveučilišta u Rijeci
Sažetak
This paper examines a very important preliminary ruling, delivered by the Court of Justice of
the European Union (ECJ) in the Commune de Mesquer v Total France and Total International
Limited case. The Commune de Mesquer brought proceedings against the TOTAL group
for the reimbursement of the costs of cleaning and anti-pollution operations in its coastal
territory following the sinking of ERICA. The Commune sued the companies in the TOTAL
group relying on Directive 75/442/EEC (Waste Directive). Following its unsuccessful actions
in two lower courts, the Commune lodged an appeal before the Court of Cassation, which referred
to the Court of Justice questions concerning the interpretation of the Directive at issue.
The Court held that oil accidentally spilled at sea following a shipwreck is a "waste" for the
purpose of the said Directive. In accordance with the "polluter pays" principle, the costs associated
with the disposal of oil waste are to be borne by the previous holder or by the producer
of the product from which the waste came. The author warns that the Court has stated that
the owner of the ship carrying the hydrocarbons holds them in possession immediately before
they become waste. In those circumstances, the shipowner may thus be regarded as having
produced that waste, and be categorised as a holder within the meaning of the Directive. The
judgment of the Court of Justice will undoubtedly leave an impact on the existing international
liability and compensation regime for vessel-source pollution. The annotated case ensures
a correct application of the "polluter pays" principle. Victims of pollution damage may therefore
be compensated on both international and EC law grounds.
Ključne riječi
oil; waste; polluter pays; holder of waste; producer of waste
Hrčak ID:
144412
URI
Datum izdavanja:
8.9.2015.
Posjeta: 1.128 *