Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 07/13/2017

Subject: The Court affirmed that the provisions of Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage, do not preclude national legislation which identifies another category of persons who, in addition to those using the land on which unlawful pollution was produced, share joint liability for the environmental damage, namely the owners of that land, without it being necessary to establish a causal link between the conduct of the owners and the damage established, provided that such legislation complies with the general principles of EU law, all relevant provisions of the EU and FEU Treaties and of the acts of secondary law of the European Union. Moreover the Court specified that the owners of land on which unlawful pollution has been produced are not only held to be jointly liable, alongside the persons using that land, for such environmental damage, but may also have fines imposed on them by the competent national authority, provided that such legislation is appropriate for the purpose of contributing to the attainment of the objective of more stringent protection and that the methods for determining the amount of the fine do not go beyond what is necessary to attain that objective

Parties: Túrkevei Tejtermelő Kft.

Classification: Solidarity - Art. 37 Environmental protection

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