Frequently asked questions
ICPE and responsibilities: operator, owner, manager, shareholder

Can the same event result in the operator being held liable under administrative, civil and criminal law?

Yes, first of all, the prefectoral authority's powers of control and sanction are independent of its civil and criminal liability.

Secondly, while the victim of pollution must necessarily choose between civil and criminal proceedings to obtain compensation for his or her loss, it may happen that he or she chooses civil proceedings, and that the public prosecutor decides to institute criminal proceedings to seek punishment for the offence committed.

The file then comprises three sections corresponding to the implementation of the three responsibilities:

• an administrative component, with the aim of implementing administrative sanctions;

• ...