Last 26^th January the Supreme Court handed down its Judgement dated 14^th January 2016 reversing the decision of the Superior Court of La Coruña dated 13^th November 2013. The Master of the MT PRESTIGE (Apostolos Ioannis Mangouras) has been declared guilty of a crime against the environment. The Supreme Court has confirmed the acquittal of the Chief Engineer and of Mr. Jose Luis López Sors, Spain’s former General Director of the Merchant Marine. The Court has also declared that the Master, Owners (Mare Shipping Inc), P&I Club (The London Steamship Owners’ Mutual Insurance) and the International Oil Pollution Compensation Fund (IOPC Fund) are liable (civil liability) for the consequences. The extent of the civil liability shall have to be determined within the enforcement proceeding.

The Master has been condemned to two years in prison for reckless crime against the environment resulting in catastrophic environmental damage. Since this crime comprises also the fact of having disobeyed authorities, for which he had been sentenced by the Superior Court of La Coruña, the Supreme Court has acquitted him of the latter. The Master has been also acquitted of charges for damage to protected natural areas.

The Master bears direct and unlimited liability for all damage and the Owners bear vicarious liability. The Supreme Court sweeps aside liability limitations under International Convention on Civil Liability for Oil Pollution Damage (CLC/92) because it is considered that both the Master and the Owners acted with gross negligence. The P&I Club is held directly liable up to the Policy limit of cover (USD 1 billion).  The Supreme Court recognizes that claimants have available direct action against the P&I Club.

The Judgement establishes that the civil liability will comprise restoring and repairing the damage -both direct damage and loss of earnings arising therefrom- including environmental damage and compensation for both material and moral damages.

Please click here to read the full text of the Judgement.