Liability for Oil Pollution Damage Versus Liability for Waste Management: The Polluter Pays Principle at the Rescue of the Victims: Case C-188/07, Commune De Mesquer V Total France Sa [2008] 3 Cmlr 16, [2009] Env Lr 9
Posted: 30 Jun 2009
Date Written: 2009
Abstract
This landmark European Court of Justice (ECJ) judgment on one hand, provides clarifications as to the scope of the EC definition of waste with respect to transported heavy fuel oil that was accidentally discarded by a tanker during a storm and, on the other, adjudicates that the cleaning up of heavy fuel oil can be imposed on the companies who created the waste, notably in their capacity as former holder or producer of the product from which the waste came.
Keywords: Waste management, concept of waste, ‘Polluter pays’ principle, holder, previous holders, producer, hydrocarbons and heavy fuel oil, shipwreck, International Convention on Civil Liability for Oil Pollution Damage, International Oil Pollution Compensation Fund
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