doc__table__141 — COMMISSION NOTICE Guidelines providing a common understanding of the term…

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COMMISSION NOTICE Guidelines providing a common understanding of the term ‘environmental damage’ as defined in Article 2 of Directive 2004/35/EC of the European Parliament and of the Council on environmental liability with regard to the prevention and remedying of environmental damage · European Union

| 124. | The final paragraph of Annex I indicates what need not be considered as significant. In Case C-297/19, Naturschutzbund Deutschland — Landesverband Schleswig-Holstein eV, the Court stated that: ‘It is apparent from the use of the words ‘does not have to’ that it is open to the Member States when transposing the directive to regard such damage as significant or as not significant for the purposes of Annex I thereto.’ (129) The Court also found that the provisions of this paragraph must be interpreted strictly (130).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.