NEWSFRONT – Legal Opinion – Pollution – Liability

In case of pollution, the master or representative of the vessel is duty bound to report this to the competent port authority / ministry. They should also undertake any adequate measure to minimise the pollution, and if they cannot do so, they should request the assistance of recognised anti-pollution companies. Similarly the port authority should also assume action to minimise pollution either on its own or seeking also the assistance of anti-pollution companies. The authority maintains control of the anti-polluting operation. Liable to rectify damages for the deterrence of pollution is the party that caused it, and jointly and severally also the master, inter alios. Piraeus Court of Appeal Judgment no 716/2017, President: Chr. Gianerrikos, Rapporteur Judge: Er. Liouli, Attorneys at law: V . Skounteris, M. Tsiga, G. Koutroubousis, G. Theodorakopoulos, Ev. Gougis, K. Sotiriadis, G. Floros, P. Karamitsios, I. Vrellos, G. Skorinis, I. Papadopoulos, N. Papachronopoulos, Maritime Law Review vol. 45, p. 31. NOTE: National act 743/1977 broadens the scope of liable of persons in a pollution incident, introducing “subjective” liability, despite the fact the Brussels Convention acknowledges “objective” liability of the polluting party.