# C_2006261EN.01000902.xml

| 28.10.2006 | EN | Official Journal of the European Union | C 261/9 |
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28.10.2006

EN

Official Journal of the European Union

C 261/9

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Reference for a preliminary ruling from High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court) made on 14 July 2006 — The Queen on the application of The International Association of Independent Tanker Owners (Intertanko), The International Association of Dry Cargo Shipowners (Intercargo), The Greek Shipping Co-operation Committee, Lloyd's Register, The International Salvage Union v Secretary of State for Transport

(Case C-308/06)

(2006/C 261/17)

Language of the case: English

Referring court

High Court of Justice (England & Wales), Queen's Bench Division (Administrative Court)

Parties to the main proceedings

Applicants: The International Association of Independent Tanker (Intertanko), The International Association of Dry Cargo Shipowners (Intercargo), The Greek Shipping Co-operation Committee, Lloyd's Register, The International Salvage Union

Applicants:

Defendant: Secretary of State for Transport

Defendant:

Questions referred

| 1. | In relation to straits used for international navigation, the Exclusive Economic Zone or equivalent zone of a member state and the high seas, is article 5(2) of Directive 2005/35/EC (1) invalid insofar as it limits the exceptions in Annex I regulation 11(b) of MARPOL 73/78 and in Annex II regulation (6)(b) of MARPOL 73/78 to the owners, masters and crew? |
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1.

In relation to straits used for international navigation, the Exclusive Economic Zone or equivalent zone of a member state and the high seas, is article 5(2) of Directive 2005/35/EC (1) invalid insofar as it limits the exceptions in Annex I regulation 11(b) of MARPOL 73/78 and in Annex II regulation (6)(b) of MARPOL 73/78 to the owners, masters and crew?

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| 2. | In relation to the territorial sea of a member state:






  a. | Is article 4 of the Directive invalid insofar as it requires member states to treat serious negligence as a test of liability for discharge of polluting substances; and/or |
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2.

In relation to the territorial sea of a member state:

a.

Is article 4 of the Directive invalid insofar as it requires member states to treat serious negligence as a test of liability for discharge of polluting substances; and/or

| b. | Is article 5(1) of the Directive invalid insofar as it excludes the application of the exceptions in Annex I regulation 11(b) of MARPOL 73/78 and in Annex II regulation (6)(b) of MARPOL 73/78? |
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b.

Is article 5(1) of the Directive invalid insofar as it excludes the application of the exceptions in Annex I regulation 11(b) of MARPOL 73/78 and in Annex II regulation (6)(b) of MARPOL 73/78?

| 3. | Does article 4 of the Directive, requiring member states to adopt national legislation which includes serious negligence as a standard of liability and which penalises discharges in territorial sea, breach the right of innocent passage recognised in the United Nations Convention on the Law of the Sea, and if so, is article 4 invalid to that extent? |
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3.

Does article 4 of the Directive, requiring member states to adopt national legislation which includes serious negligence as a standard of liability and which penalises discharges in territorial sea, breach the right of innocent passage recognised in the United Nations Convention on the Law of the Sea, and if so, is article 4 invalid to that extent?

| 4. | Does the use of the phrase ‘serious negligence’ in article 4 of the Directive infringe the principle of legal certainty, and if so, is article 4 invalid to that extent? |
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4.

Does the use of the phrase ‘serious negligence’ in article 4 of the Directive infringe the principle of legal certainty, and if so, is article 4 invalid to that extent?

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(1)  Directive 2005/35/EC of the European Parliament and of the Council of 7 September 2005 on ship-source pollution and on the introduction of penalties for infringements (OJ L 255, p. 11)

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