\"CASE PRESTIGE\". Compensation up to $ 1 trillion by the insurance of the ship:

April 08 , 2016 // Legal Reforms and Debate : Environmental liability

The Supreme Court issued on 14 January 2016 Judgment of the Criminal Chamber annulling the issued as of November 13, 2013 by the Provincial Court of Corunna and condemns the captain of the ship PRESTIGE as the perpetrator of a crime against the environment .
Captain liability of the company owning the ship (Mare Shipping Inc.), the Protection and Indemnity Club (The London Steamship Owners\' Mutual Insurance) and the International Fund for Compensation for Oil Pollution is declared ( IOPC Fund), which will be determined on execution in accordance with the criteria set forth therein.
Judgment condemns the Captain as author responsible for a reckless crime against the environment in the form of a catastrophic decline aggravated, the punishment of two years imprisonment. Acquitted of the crime of disobedience and ratifies acquittal regarding criminal damage to protected natural areas.
The judgment states that the liability cover restitution and reparations, both emerging and loss of earnings, including environmental damage in its various aspects, and compensation for material and moral damages.
It declares the direct civil Captain responsible for all damages caused, without being applicable limit under the Convention on Civil Liability for Damage Oil Pollution (CLC 92), when assessing the Court a possible fraud in their behavior, which it was effective because of pollution. vicarious liability of the entity that owns the ship is declared, but may benefit from the right of limitation that recognizes the CLC / 92 to appreciate the Chamber acted recklessly with conscious and deliberate disregard of the serious risks involved in his performance. direct liability (for the Captain) Club Protection and Indemnity, without allowing rely on the edge of CLC 92 also states, respecting only limit the insurance contract (1 billion US dollars), recognizing specifically the direct action of the injured in front of the Club. the liability of the IOPC with the limits established by the Convention regulates also states.