# C_2008183EN.01000202.xml

| 19.7.2008 | EN | Official Journal of the European Union | C 183/2 |
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19.7.2008

EN

Official Journal of the European Union

C 183/2

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Judgment of the Court (Grand Chamber) of 3 June 2008 (reference for a preliminary ruling from the High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court)) — The Queen on the application of International Association of Independent Tanker Owners (Intertanko), International Association of Dry Cargo Shipowners (Intercargo), Greek Shipping Co-operation Committee, Lloyd's Register, International Salvage Union v Secretary of State for Transport

(Case C-308/06) (1)

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(Maritime transport - Ship-source pollution - Directive 2005/35/EC - Validity - United Nations Convention on the Law of the Sea - Marpol 73/78 Convention - Legal effects of the Conventions - Ability to rely on them - Serious negligence - Principle of legal certainty)

(2008/C 183/03)

Language of the case: English

Referring court

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

Parties to the main proceedings

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

Applicants:

Defendant: Secretary of State for Transport

Defendant:

Re:

Reference for a preliminary ruling — High Court of Justice of England and Wales, Queen's Bench Division (Administrative Court) — Validity of Articles 4 and 5(1) and (2) of 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 2005 L 255, p. 11) — Community provisions having the effect of limiting a number of exceptions contained in an international convention (International Convention for the Prevention of Pollution from Ships (MARPOL Convention)) — Provisions imposing criminal penalties in situations in which an international convention (United Nations Convention on the Law of the Sea (UNCLOS)) does not impose any such penalties

Operative part of the judgment

| 1. | The validity of 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 cannot be assessed:






  — | either in the light of the International Convention for the Prevention of Pollution from Ships, signed in London on 2 November 1973, as supplemented by the Protocol of 17 February 1978, |
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1.

The validity of 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 cannot be assessed:

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either in the light of the International Convention for the Prevention of Pollution from Ships, signed in London on 2 November 1973, as supplemented by the Protocol of 17 February 1978,

| — | or in the light of the United Nations Convention on the Law of the Sea, signed in Montego Bay on 10 December 1982. |
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or in the light of the United Nations Convention on the Law of the Sea, signed in Montego Bay on 10 December 1982.

| 2. | Examination of the fourth question has revealed nothing capable of affecting the validity of Article 4 of Directive 2005/35 in the light of the general principle of legal certainty. |
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2.

Examination of the fourth question has revealed nothing capable of affecting the validity of Article 4 of Directive 2005/35 in the light of the general principle of legal certainty.

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(1)  OJ C 261, 28.10.2006.

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