Ministero dell’Ambiente e della Tutela del Territorio e del Mare and Others v Fipa Group Srl and Others: ECJ 4 Mar 2015

ECJ (Judgment) Reference for a preliminary ruling – Article 191(2) TFEU – Directive 2004/35/EC – Environmental liability – National legislation under which no provision is made for the administrative authorities to require owners of polluted land who have not contributed to that pollution to carry out preventive and remedial measures, and the sole obligation imposed concerns the reimbursement of the measures undertaken by those authorities – Whether compatible with the ‘polluter pays’ principle, the precautionary principle and the principles that preventive action should be taken and that environmental damage should be rectified at source as a matter of priority

Judges:

M Ilesic P

Citations:

C-534/13, [2015] EUECJ C-534/13, ECLI:EU:C:2015:140, [2015] WLR(D) 103

Links:

Bailii, WLRD

Statutes:

TFEU 191(2), irective 2004/35/EC

Jurisdiction:

European

Environment

Updated: 12 October 2022; Ref: scu.543879