The Maritime Court of Marseille has recognized the ecological damage caused to the Posidonia meadow by two yacht captains and established a presumption of damage to the Posidonia meadow whenever a vessel anchors in an area protected by a prefectural decree.
In response to the need to protect Posidonia meadows and maritime safety issues, the maritime prefect decided in April 2019 to strengthen the regulation of anchoring and vessel stopping. Since that time, a series of prefectural decrees have been developed after consultation with all stakeholders in the maritime sector to regulate anchoring.
Between June 2021 and September 2023, the yacht « Take Off » (26 meters) anchored its anchor three times in prohibited zones in Cannes and Saint-Tropez. In June 2023, the yacht « My Falcon » (51 meters) anchored in a prohibited zone in Cannes.
In a ruling on November 22, 2024, the Maritime Court of Marseille acknowledged the ecological damage on a civil basis and ordered the yacht captains to pay compensation of €86,537 (« Take Off ») and €22,423 (« My Falcon ») for the loss of ecosystem value. These amounts will be paid to the Rhône-Méditerranée-Corse Water Agency to carry out ecological restoration operations of Posidonia meadows. They must also pay €5,000 (« Take Off ») and €4,000 (« My Falcon ») for moral damages to the civil parties.
This is the first time that judges have recognized ecological damage to the Posidonia meadow, and that associations, in this case, are entitled to act for the repair of the ecological damage.
The Maritime Court also established the presumption of damage to Posidonia meadows whenever a ship anchors in a zone protected by a prefectural decree. This principle is based on the recognized environmental impact of anchoring in these sensitive areas and the importance of Posidonia meadows for marine ecosystems.
