Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 06/01/2017

Subject: The Court affirmed that Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage precludes a provision of national law which excludes, generally and automatically, that damage which has a significant adverse effect on the ecological, chemical or quantitative status or ecological potential of the water in question be categorised as ‘environmental damage’, due to the mere fact that it is covered by an authorisation granted under that law. Moreover the Court affirmed that Directive 2004/35/EC precludes a provision of national law, such as that at issue in the case in the main proceedings, which does not entitle persons holding fishing rights to initiate a review procedure in relation to environmental damage

Parties: Folk

Classification: Solidarity - Art. 37 Environmental protection

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