Decision ID: 003491

In March 2008 the 1992 Fund Executive Committee noted that the Criminal Court in Paris had delivered a judgement in January 2008, sentencing the representative of the registered owner of the Erika (Tevere Shipping), the president of the management company (Panship Management and Services Srl), the classification society Registro Italiano Navale (RINA) and Total SA. It was noted that all the other accused parties had been acquitted. The Committee noted that the judgement had also made the four criminally liable parties jointly and severally liable for the damage caused by the incident and had assessed the damages at €192.8 million (£145.7 milion), including €153.9 million (£116.3 million) for the French State, in addition to the compensation paid by the 1992 Fund. It was noted that the Court had inter alia awarded compensation for moral and environmental damages. It was also noted that the judgement had given rise to questions of interpretation of the channelling provisions in Article III.4 of the 1992 Civil Liability Convention. It was further noted that the four convicted persons and other parties had appealed agsinst the judgement.

Date: 01.03.2008
Categories: Legal actions, Application of the Conventions, Environmental damage
Subjects: Judgements in respect of claims for environmental damage, Criminal proceedings, Judgements in respect of the channelling provisions in Article III.4(b) of the 1992 Civil Liability Convention, Judgements in respect of the channelling provisions in Article III.4(a) of the 1992 Civil Liability Convention, Legal actions against third parties, Interpretation of 'pollution damage' in Article I.6 of the 1969 and 1992 Civil Liability Conventions, Channelling provisions under Article III.4 of the 1969 and 1992 Civil Liability Conventions, Claims for loss of natural resources, Judgements in respect of the channelling provisions in Article III.4(c) of the 1992 Civil Liability Convention, Admissibility criteria, Investigations into the cause of incidents