Source: All England Reporter
Publisher Citation: [2008] All ER (D) 04 (Jun)
Court: Court of Justice of the European Communities (Grand Chamber)

Judges Skouris (President) Jann, Timmermans, Rosas, Lenaerts, Bay Larsen, (Presidents of Chambers) Schiemann, Makarczyk, Kuris, Malenovsky (Rapporteur), O Caoimh, Lindh and Bonichot

Judgment Dates: 3 June 2008


European Community - Environment - Maritime transport - Ship-source pollution - Validity - Principle of legal certainty - Serious negligence - Parliament and Council Directive (EC) 2005/35 - United Nations Convention on the Law of the Sea - Marpol 73/78 Convention.

The Case

The validity of Parliament and Council Directive (EC) 2005-35 (on ship-source pollution and on the introduction of penalties for infringements) could not be assessed either in the light of the International Convention for the Prevention of Pollution from Ships, as supplemented by the Protocol of 17 February 1978, or in the light of the United Nations Convention on the Law of the Sea. Moreover, examination of the final question referred had revealed nothing capable of affecting the validity of art4 of Directive 2005-35 in the light of the general principle of legal certainty.

Practice Areas

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