On 16 January 2008 the Criminal Court of Paris handed down its judgment in relation to the sinking of the tanker "ERIKA" in 1999.
In addition to the vessel's Owners and Managers, Classification Society Rina and Total SA were found guilty of pollution. The Court imposed fines of € 75,000 on the Owners and Managers and €375,000 on Rina and Total SA.
Total SA were not the charterers of the "ERIKA" (the charterers, Total Transport Corporation, were acquitted). The Court considered however that Total SA's extensive vetting procedures amounted to the de facto exercise by them of a power of control in the operation of the vessel so as to expose them to criminal prosecution.
In addition to the fines, Owners, Managers, RINA and Total SA have also been found jointly and severally liable to pay €192 million in civil damages. The Court found that neither Rina nor Total SA were entitled to rely upon the provisions of article III of the 1969 Liability Convention as amended by the 1992 London Protocol.
Finally, the Criminal Court opened the door to the possibility of the State and environmental protection groups claiming damages for harm caused to the environment.
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