COMMUNE DE MESQUER v TOTAL FRANCE SA AND ANOTHER

[2008] Lloyd's Rep. Plus 91

EUROPEAN COURT OF JUSTICE (GRAND CHAMBER)

Before CWA Timmermans, President, A Rosas, K Lenaerts and L Bay Larsen, Presidents of Chambers, and R Silva de Lapuerta, K Schiemann, P K?ris, E Levits, A O Caoimh, P Lindh, J-C Bonichot, T von Danwitz and C Toader (Rapporteur), Judges J Kokott, Advocate General

European Union law – Waste management – Oil tanker spilling fuel oil cargo into sea causing pollution of French coast – Whether fuel oil “waste” – Whether fuel oil “waste” when spilled into sea and mixed with water and sediment – Whether seller of fuel oil and charterer of vessel can be liable for disposal costs as “producer” or “holder” of product from which the waste came – Directive 75/442/EEC on waste – International Convention on Civil Liability for Oil Pollution Damage 1969 – International Oil Pollution Compensation Fund Convention 1971.