The Role of French Environmental Associations in Civil Liability for Environmental Harm: Courtesy of Erika

Last January, the Tribunal Correctionnel de Paris, in its decisionconcerning the Erika oil spill, clearly recognised the rightof environmental associations to claim compensation for damagedone to the environment per se. Taking the judgment as a startingpoint, this article gives a brief insight into the French regimeof civil liability for environmental harm, with a special focuson the role, as provided in the regime and further developedin the case-law, of French environmental associations. The latterare formally recognised, under certain conditions, as "guardians"of the collective interest to environmental protection. As aresult, they are entitled to bring civil party petitions beforecriminal courts in case of -largely defined- "environmentalcrimes". These procedural rights have been broadly interpretedby (criminal, as well as civil) courts and effectively usedby associations to ensure that the "polluter pays" and thatcivil damages reflect, to the extent possible, the reality ofenvironmental harm, while serving the interests of general prevention.