Areios Pagos (Greek Supreme Court: Full Session)

Abstract

‘‘...The International Convention of Brussels (or CLC on Civil Liability for Oil Pollution Damage) was signed in 1969 for the purpose of facing pollution risks and environmental problems arising from the carriage of oil by the sea and it was ratified by Greece by virtue of Law 314/1976; after the ratification of the 1976, 1984 and 1992 Protocols, this convention is known as the 1992 International Convention on Civil Liability for Oil Pollution Damage (Liability Convention 1992). The provisions of the abovementioned 1992 International Convention were supplemented by the International Fund Convention (Brussels Convention) on the ‘‘Establishment of an International Fund for Compensation for Oil Pollution Damage’’, which was signed in 1971 and it was ratified by Greece by virtue of Law 1638/1986, through which the Fund obtained legal personality based on contributions that are provided therein. This International Fund Convention was amended subsequently by the 1976 and 1992 Protocols which were ratified by virtue of Presidential Decree 270/1995 ‘‘Acceptance of the 1976 and the 1992 Protocols amending the 1971 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage’’. Pursuant to Article 1 of the 1992 International Convention (Liability Convention 1992), ‘‘1 ‘‘Ship’’ means any seagoing vessel and seaborne craft of any type whatsoever constructed or adapted for the carriage of oil in bulk as cargo, provided that a ship capable of carrying oil and other cargoes shall be regarded as a ship only when it is actually carrying oil in bulk as cargo and during any voyage following such carriage unless it is proved that it has no residues of such carriage of oil in bulk aboard’’. Further, in Article 1 of the 1992 Protocol, amending the International Fund Convention it is