Total requisitions favor in the case of Erika
The Prosecutor General of the Supreme Court has definitively cancel the condemnation of Total over 12 years near the wreck of the tanker Erika off the Brittany coast in 1999, which caused ; a major ecological disaster.
This 24-year-old ship broke in two on 12 December 1999 in a storm and sank, spilling 20,000 tonnes of fuel on 400 km of the Breton coast, killing dozens thousands of birds and ravaging the seabed.
The prosecution based its opinion on the fact that the disaster has not occurred in French waters but "exclusive economic zone" (EEZ), and that the ship flew the Maltese flag, which would remove any possibility of prosecution in criminal justice.
The Court of Cassation, the highest French court, which will meet May 24 and will make the final decision after a deliberate, however, is not bound to follow the opinion of floor, reading was revealed by Liberation and Ouest-France.
The public prosecutor asked the permanent cancellation without retrial, the conviction for "marine pollution" of the first French company announced after two die decisions at first instance and on appeal in 2008 in 2010.
In addition to the Total group, sentenced to a fine of 375,000 euros, Rina, the Italian maritime regulatory body which gave its airworthiness certificate to the ship (175.000 euro fine), Giuseppe Savarese, a former Italian owner of the ship, and Antonio Pollara, Italian former manager of the Erika (75,000 euro fine each) were convicted in appeal.
The lower courts have so far retained the right of other interpretations. The plaintiffs believe that the French territory was hit by the effects of the offense is sufficient to render the French competent judges.
THE ENVIRONMENTAL DAMAGE IN DANGER
The floor of the Court of Cassation also recommends abandoning the notion of "environmental damage" introduced in 2008 by the trial judgment that can demand compensation for environmental damage , as well as for moral harm, economic or property.
After a review of the complex thicket of international conventions governing shipping, the prosecutor's office believes it is impossible to legalize this notion.
Corinne Lepage, one of the lawyers of the plaintiffs and former environment minister, said that it was here that a notice and hoped that the Court would not follow him.
"It would be a double disaster legal, not for the common (…) but in terms of law in general because it means that charterers could continue to take as Total boat was rotten like the Erika for reasons of pure greed and polluting the coast without nothing happens, "she said on RTL.
NO EFFECT ON PAYMENTS
The folder is marked from the beginning by a very complex debate, shipping is governed by a series of international conventions and national laws very bushy, with idé e general far as the charterer of a tanker is in principle not liable criminally or civilly.
The Court of Appeal had also, on this point, not fully completed the first judgment, concluding that Total was guilty but not criminally responsible civilly.
This point has not had an immediate effect because Total has already paid in 2009 without possible cancellation of 170 192 500 000 compensation ordered in the first instance in 2008, 153 for the state. Rina has paid the surplus, and an "extension" decided on appeal where the total bill rose to 200.6 million euros.
Total said it would ask for a refund, whatever the final decision to the Supreme Court, where lawyers of some 80 civil parties, municipalities, regions, departments and advocacy groups the environment will plead.
French society has always said he was the victim of a "hidden defect" of the boat, never a thesis accepted by the court.
Given another 200 million euros paid by the company in 1999, including the cleaning of beaches and pumping oil from the wreck, the total bill to stu ve for it to nearly 400 million euros, an amount limited compared with the annual profit of nearly $ 12 billion company.