A court case heard in France on the infamous Erika oil spill could be annulled and proceedings could begin in Malta, where the ill-fated ship was registered, in the near future.

French newspaper Liberation has reported that, according to the advice of French attorney-general to the country’s highest court, it was not appropriate for French judges to have heard the case as the ship had sank in international waters and, as such – according to the attorney-general – the competent authorities were those of the ship’s flag state, i.e. Malta.

The Erika oil tanker sank in rough seas in December 1999 and polluted some 400 kms of France’s Brittany coast. The sinking caused France’s worst ever oil spill and the courts found oil giant Total SA guilty of maritime pollution.

It was fined and ordered to pay a share of the damages.

The incident led to a whole raft of EU regulations on ship inspections.

A ruling from the court on jurisdiction for the case is expected on 24 May.