Title:
Commune de Mesquer v.Total France SA,Total International Ltd.
Party:
European Union
Region:
Europe
Europe
Type of document:
International court
Date of text:
June 24, 2008
Data source:
InforMEA
Court name:
European Court of Justice
Seat of court:
Luxembourg
Justice(s):
Kokott, J.
Timmermans, C.W.A
Rosas, A.
Lenaerts, K
Bay Larsen, L.
Silva de Lapuerta, R.
Schiemann, K.
Kuris, P.
Levits, E.
Caoimh, A. Ó
Lindh, P.
Bonichot, J.-C.
von Danwitz, T.
Toader, C.
Reference number:
C-188/07
Abstract:
The ECJ gave a preliminary ruling in the case between the French municipality of Mesquer and two Total oil companies concerning compensation for the damage caused by the oil spread on the territory of that municipality following the sinking of the oil tanker Erika. The Court ruled that oil washed up on the shore following the accident classifies as waste under Directive 75/442/EEC on waste. The Court found that in principle, in accordance with the ‘polluter pays principle, Total as the producer of the oil, based on its conduct to fail to prevent the oil spill, could also be held responsible and be ordered to finance the clearing up.