Decision ID: 000012

In December 1991 the 1971 Fund Executive Committee noted the analysis by the Director of the legal situation in Italy in respect of claims relating to environmental damage, in particular claims for unquantifiable elements of damage to the marine environment pursuant to the Act of July 1986 (No. 349). The Committee agreed in general with the Director’s view that, since claims for such damages did not relate to compensation, they did not fall within the scope of the Civil Liability and Fund Conventions, which formed part of Italian legislation and prevailed over any other Statute in case of conflict. The Committee decided to re-examine the issue in the light of the position taken by the claimants in the Court proceedings.

Date: 01.12.1991
Category: Environmental damage
Subject: Claims based on abstract quantification of damage