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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

| 5. | Given that the objective of the Guidelines is to provide a common understanding of the definition, their content is analytical and detailed. While they are not exclusively intended for any specific readership, they are envisaged as being of use to the following in particular, all of whom have roles under the Directive: Member States, competent authorities, operators, natural and legal persons, and providers of financial security. The Guidelines seek to address as comprehensively as possible the difficulties of understanding that have already arisen or that might reasonably be expected to arise in the future. They do so by closely analysing all parts of the definition of ‘environmental damage’, drawing attention to detailed considerations that can be inferred from the wording and the legal and regulatory context, and referring to case-law of the Court of Justice of the European Union (‘the CJEU’ or ‘the Court’) which can help clarify different aspects of the definition either directly or by analogy.

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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.