The criminal courts and compensation for “pure” ecological damage
Detraz, Stéphane
The criminal courts and compensation for “pure” ecological damage - 2023.
52
Articles 1246 et seq. of the French Civil Code establish a compensation regime for “pure” ecological damage, inspired by the Erika ruling by the Criminal Division of the French Court of Cassation. However, the application of these texts before the criminal courts, although readily accepted in case law, gives rise to difficulties of interpretation, as regards both the nature of the liability in question and that of the associated legal action.
The criminal courts and compensation for “pure” ecological damage - 2023.
52
Articles 1246 et seq. of the French Civil Code establish a compensation regime for “pure” ecological damage, inspired by the Erika ruling by the Criminal Division of the French Court of Cassation. However, the application of these texts before the criminal courts, although readily accepted in case law, gives rise to difficulties of interpretation, as regards both the nature of the liability in question and that of the associated legal action.
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