Original language
French
Country
European Union
Date of text
Status
Unknown
Type of court
International court
Sources
Court name
European Court of Justice
Seat of court
Luxembourg
Reference number
C-188/07
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.
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.