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

Suggested Citation

de Sadeleer, Nicolas Michel, 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 (2009). Journal of Environmental Law, Vol. 21, Issue 2, pp. 299-307, 2009, Available at SSRN: https://ssrn.com/abstract=1425952 or http://dx.doi.org/eqp016

Nicolas Michel De Sadeleer (Contact Author)

Saint-Louis University ( email )

43 Boulevard du Jardin Botanique
Brussels
Belgium

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