In July 1994, the Gemini, owned by Sidermar Trasporti SpA (ST), collided with the dock while unmooring in the port of Genoa, causing both damage to the ship and oil pollution. After the incident, the ship docked again. ST informed the Italian authorities (the Capitaneria di Porto). They in turn ordered the intervention of Oromare SpA, who immediately started operations to combat pollution damage. In the meantime, the Dimitris N, operated by Athenian Tradition SA (AT), was also unmooring from the pier. This created big waves which pushed the Gemini far from the dock, breaking its moorings and the equipment employed to combat pollution damage. Afterwards, the pollution damage extended, requiring the intervention of other companies to take measures on both sea and land. ST paid for the costs of these measures and then sued AT in the Tribunal of Genoa, claiming compensation for the broken moorings and equipment and the costs of the further pollution. AT argued that ST was not entitled to claim those costs, contested its liability, and asked for the Consorzio Autonomo del Porto di Genova to be added as a party to the proceedings. In particular, in AT's view, the collision occurred because of the decision of the maritime authorities to allow the Dimitris N to leave the dock. In any event, AT invoked the joint liability of the master.

Held: ST's claim is upheld.

The Court recalled that under Italian law, the State is entitled to claim compensation for pollution damage against the master and the shipowner, even if the discharge of forbidden substances occurred for the safety of the owner's ship or the ship(s) of others, or was caused by inevitable damage or loss where every reasonable precaution had been adopted after the damage or the discovery of the loss to prevent or reduce the spill. This liability is strict, and it does not cover only the shipowner's own conduct, as argued by AT, but also other parties' conduct.

The Court also stressed the obligation of the polluter to inform the maritime authorities, avoid further damages, and remove the already existing effects of pollution damage. Only in the case of the polluter's inactivity will the maritime authorities intervene. The costs of the operations performed by the maritime authorities will fall on the shipowner.

In conclusion, after an evaluation of the technical evidence, the Court decided that the collision occurred because of the erroneous decision of the Dimitris N, which was aware of the situation of the Gemini, to manoeuvre out of port.