Decision ID: 001486

In February 2003 the 1992 Fund Executive Committee noted that the Court of first instance had in December 2002 rendered a part-judgement in which it had held that the owner of the Kuzbass and the insurer were jointly and severally liable for the pollution damage on the grounds that the circumstantial evidence pointed overwhelmingly to the oil having originated from the Kuzbass. It was noted that the Court had not dealt with the quantum of the losses suffered by the German authorities and that it had stated that this issue would be considered at the request of one of the parties, but not until the judgement on the liability had become final. The Committee noted that it was expected that the shipowner/insurer would appeal against the judgement.

Date: 01.02.2003
Categories: Legal actions, Application of the Conventions
Subjects: Direct action against insurers, Applicability of the 1992 Fund Convention to pollution damage caused by spills from unidentified sources, Legal actions against shipowners