Pure environmental damageĬivil liability arising from oil pollution in France is governed by article L5122-25 et seq. However this law may erode the Convention regime (Civil Liability Convention, Bunker Convention) and may create extra burdens on the shipping industry. The law imposes liability on persons whose actions result in damage to the environment to repair the damage, or if the harm is irreparable, to pay financial compensation to the State or an organisation appointed by the State and devoted to environmental protection, for example an environmental NGO. The new law aims to introduce liability and compensation for 'pure environmental damage', or 'ecological damage' into the French Civil Code. As a result legislation has been passed by France since the ERIKA judgements in an attempt to codify the Erika jurisprudence.įrance has recently adopted a new law on compensation for environmental damage (Loi n° 2016-1087 du 8 août 2016 pour la reconquête de la biodiversité, de la nature et des paysages). The lengthy judicial proceedings in the French courts arising out of the sinking and massive oil spill from the tanker ERIKA off the coast of Brittany in December 1999, gave rise to numerous questions regarding the interaction between the international oil pollution liability conventions as incorporated into French law and other French legislation which claimants argued should apply.

France civ 5 strategy