In 1999 tanker Erica, flying Maltese flag, sank in French exclusive economic zone, spilling 20 000 tones of oil into the sea and polluting 400 km of French shore. In 2008 French court held the defendants liable for reckless negligence in criminal proceedings, with appellate and cassation courts ruling in 2010 and 2012 respectively. The author discusses those judgments.

The courts have considered the International Convention on Civil Liability for Oil Pollution Damage (1992), the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (1971) and French Law No. 83‒583 of 5 July 1983. The rulings have met considerable criticism with respect to issues of French jurisdiction and channelling of liability. It was argued that criminal courts cannot give verdicts on civil liability for oil pollution damage.

The article also covers classification societies’ liability for certifying ship’s seaworthiness.