Frequently asked questions
ICPE and civil liability

Can the operator be held liable for pollution caused by one of its employees?

In French law, the principle is that the principal is liable for damage caused by the act of his servant (article 1384 paragraph 5 of Code civil ). This means that the operator is responsible for repairing the harmful consequences of pollution caused by an employee.

To avoid liability, it is up to the operator to prove that the employee acted for purposes unrelated to his duties:

• In a case involving a fuel oil spill in a quarry, which caused the pollution of a water reservoir and a drinking water supply, the employee was held liable, since he had acted without authorization and...