The liability of the author of a water pollution and the reimbursement of coercive measure costs

Facts

On 4 January 1967, an accident occurred at the transshipment station of Geldner Rheinlager AG in Birsfelden, in the port of the Rhine, during the unloading of a tanker ship. A pipe burst, causing a leak of approximately 6 to 8 tonnes of oil into the Rhine. Geldner Rheinlager AG did not report the accident to the competent authorities. The cantonal authorities subsequently took measures to determine the origin of the pollution and charged the costs of these measures to Geldner Rheinlager AG.

The company contested this decision, arguing that it was not responsible for the pollution and that the costs of coercive measures could not be imputed to it. The Federal Court was seized of the case and had to determine whether Geldner Rheinlager AG was responsible for the pollution and whether the costs of coercive measures could be imputed to it.

Considerations

The Federal Court considered that Geldner Rheinlager AG was responsible for the pollution, as it had provided the pipe that had burst and was responsible for its condition. The Court also considered that the cantonal authorities had acted legally in taking measures to determine the origin of the pollution and in charging the costs of these measures to the company.

The Court applied the provisions of the Federal Act on the Protection of Waters against Pollution (GSchG) and considered that Geldner Rheinlager AG was a 'troublemaker' within the meaning of Article 12 GSchG. The Court also considered that the costs of coercive measures could be imputed to the company, as they had been incurred to determine the origin of the pollution and to take measures to prevent new pollutions.

The Court rejected the company's arguments…