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Journal of Environmental Law 2009 21(2):299-307; doi:10.1093/jel/eqp016
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© The Author [2009]. Published by Oxford University Press. All rights reserved. For Permissions, please email: journals.permissions@oxfordjournals.org

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

Nicolas de Sadeleer*

*Professor of EU law, FUSL, Brussels, Guest Professor, UCL and Paris II Panthéon-Assas (desadeleer{at}fusl.ac.be).


  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.

Key Words: 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

This analysis has been written in regard to a project on Europeanization of Law financed by the Académie de Louvain. The author would like to thank Mr Peter Craddock for his help.


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