In 1999 the tanker Erika shipwrecked off the Brittany coast . The heavy fuel oil spilled in the accident polluted amongst other things beaches in the Commune of Mesquer, which is now claiming damages from undertakings in the Total Group.In preliminray proceedings regarding interpretation of Council Directive 75/442/EEC of 15 July 1975 on waste (‘Waste Framework Directive’) lodged by French Cour de Cassation (Case C-188/07, Mesquer v Total), Advocate General Kokott yesterday published her opinion arrving at the following conclusion:”The producer of heavy fuel oil and/or the seller and carrier may be ordered under Article 15 of Directive 75/442 to bear the cost of disposing of oil waste following a shipping accident if they can be accused of contributing personally to causing the leak of the heavy fuel oil. However, it is also compatible with that provision to limit the liability of the producer of heavy fuel oil and/or the seller and carrier in accordance with the International Convention of 29 November 1969 on Civil Liability for Oil Pollution Damage, as amended by the Protocol of 1992, and the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage, as amended by the Protocol of 1992.”Full text of the opinion available here>>.
