European Court of Justice - Directive 2005/35/EC - validity review - direct effect - invocability - customary international law - UN Convention on the Law of the Sea - Marpol 73/78.

International Association of Independent Tanker Owners (INTERTANKO), international Association of Dry Cargo Shipowners (INTERCARGO), greek shipping cooperation Committee, Lloyd's Register and International Salvage Union v. Secretary of State for Transport. Case C-308/06. Judgment. At http://eur-lex.europa.eu. Court of justice of the European Communities (Grand Chamber), June 3, 2008.

On June 3, 2008, the Grand Chamber of the European Court of Justice (ECJ) rendered its judgment in International Assn of Independent Tank Owners (Intertanko) v. Secretary of State for Transport, (1) holding that the Court could not assess 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 (2) (Directive) in light of either the 1982 UN Convention on the Law of the Sea (3) (LOS Convention) or the 1973 International Convention for the Prevention of Pollution from Ships (4) as supplemented by the 1978 Protocol (5) (Marpol 73/78). In the process,...

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