Commune de Mesquer v.Total France SA,Total International Ltd. Country/Territory European Union, France Type of court International court Date Jun 24, 2008 Source UNEP, InforMEA Court name European Court of Justice Seat of court Luxembourg Judge Kokott, J.Timmermans, C.W.ARosas, A.Lenaerts, KBay Larsen, L.Silva de Lapuerta, R.Schiemann, K.Kuris, P.Levits, E.Caoimh, A. ÓLindh, P.Bonichot, J.-C.von Danwitz, T.Toader, C. Reference number C-188/07 Language French Subject Waste & hazardous substances Keyword Polluter pays principle Marine pollution (ship-based sources) Hazardous waste Abstract The ECJ gave a preliminary ruling in the case between the French municipality of Mesquer and two Total oil companies concerning compensation for the damage caused by the oil spread on the territory of that municipality following the sinking of the oil tanker Erika. The Court ruled that oil washed up on the shore following the accident classifies as waste under Directive 75/442/EEC on waste. The Court found that in principle, in accordance with the ‘polluter pays principle, Total as the producer of the oil, based on its conduct to fail to prevent the oil spill, could also be held responsible and be ordered to finance the clearing up. Full text Commune de Mesquer v.Total France SA,Total International Ltd english.pdf Commune de Mesquer v.Total France SA,Total International Ltd french.pdf Website curia.europa.eu References Cites Council Directive 75/442/EEC on waste. Legislation | European Union | 1975 Keyword: Waste management, Waste disposal, Recycling/reuse, Waste prevention, Polluter pays principle, Hazardous waste, Offences/penalties Source: FAO, FAOLEX