In an eagerly awaited decision, the French Cour de
cassation held on 25 September 20121 that France
had jurisdiction over the Erika oil spill case. The ruling
of the Court rejected the advisory opinion provided by the Deputy
Prosecutor (Avocat Général) earlier that
year, that France had no jurisdiction over the case.
The loss of the oil tanker Erika on 12 December 1999,
resulted in the pollution of some 400 km of the French coast. On 30
March 2010, the Paris Court of Appeal confirmed the criminal
conviction of the owner, the technical manager, the classification
society and Total, the charterer of the ship at the time of its
loss. Furthermore, the Paris Court of Appeal also confirmed the
concept of ecological damage (click here for previous articles in
Legalseas
April 2009 (The ERIKA decision - implications for Charterers
and Owners of oil cargoes) and in Legalseas
May 2010 (ERIKA - The Court of Appeal confirms the criminal
sanctions but holds Total not liable
