Damages Opinion Could Help Total In Tanker Spill Case

Law360, New York (March 14, 2008, 12:00 AM EDT) -- An adviser to the European Court of Justice said Thursday that companies that do not intentionally cause damages could possibly be excluded from liability. The opinion could toss a lifeline to oil giant Total SA as it fights a French court ruling blaming it for one of Europe's worst environmental disasters.

In a nonbinding opinion, Advocate General Juliane Kokott contended that the “polluter-pays” principle in European Commission waste law could justify pinning Total with liability from heavy fuel oil discharge.

But the same principle also excludes...
To view the full article, register now.

Law360 UK

UK Financial Services

Read Our Latest UK Legal News & Analysis

Financial Services Law360 UK and Insurance Law360 UK provide breaking news and in-depth analysis on U.K. and European Union regulation, enforcement, legislation, and litigation involving banks, investment firms, insurers, and more.