Recital 52

(52) Where damage to human health has occurred as a result of an infringement of national measures adopted pursuant to Directive 2010/75/EU, Member States should ensure that the individuals affected are able to claim and obtain compensation for that damage from the relevant natural or legal persons. Such rules on compensation contribute to the pursuit of the objectives of preserving, protecting and improving the quality of the environment and the protection of human health as laid down in Article 191 TFEU. They also underpin the right to life, integrity of the person and health care laid down in Article 2, 3 and 35 of the Charter of Fundamental Rights of the European Union and the right to an effective remedy as laid down in Article 47 of the Charter. Moreover, Directive 2004/35/EC of the European Parliament and of the Council (26) does not give private parties a right of compensation as a consequence of environmental damage or of an imminent threat of such damage.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-13 · Text as adopted (Official Journal); later amendments are not incorporated in this text.