La condamnation Total dans l’affaire de la marée noire provoquée par le naufrage du navire Erika en 1999, pourrait être remise en cause par une subtilité juridique du droit maritime. La compagnie pétrolière française avait écopé d’une amende de 192 millions d’euros pour délit de pollution. La cour de Cassation tranchera le 25 septembre 2012.
Après le scandale environnemental, on frise le scandale…judiciaire.
La procédure qui a conduit en 2008 à la condamnation de Total (et de trois autres prévenus) dans la cadre de l’affaire de la marée noire consécutive au naufrage du navire Erika au large des côtes françaises en 1999, pourrait être remise en cause, voire annulée, suite à une demande déposée par l’avocat général de la Cour d’appel qui estime que la justice française n’était pas compétente pour examiner ce dossier. Pourquoi ?
Amende annulée ?
On entre là dans les subtilités juridiques du droit maritime. Pour faire clair, l’Erika avait, le 12 décembre 1999, coulé en dehors des eaux territoriales françaises. Et bien que ses 37 000 tonnes de fioul lourd qu’il transportait à son bord aient souillé 400 kilomètres de côtes bretonnes, le droit français pourrait ne pas lui être applicable.
Dans ce cas, l’amende infligée à Total en 2008 pour délit de pollution (192 millions d’euros) serait purement et simplement annulée en attendant qu’une nouvelle procédure soit engagée devant des juridictions compétentes, au grand dam des parties civiles qui attendent toujours réparation.
Réponse le 25 septembre
La cour de cassation se prononcera définitivement sur ce point le mardi 25 septembre 2012.
Pour l’avocat général Didier Boccon-Gibod, l’annulation de la procédure est la seule issue viable « pour que les fautes soient sanctionnées » : « il faut un texte applicable et c’est là que le bât blesse » at-il ajouté.
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