doc__table__195 — COMMISSION NOTICE Guidelines providing a common understanding of the term…

doctable195

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

| 174. | In Case C-529/15 Folk, the Court considered the application of the Article 4(7) exclusion in the definition of ‘water damage’. It found that ‘in the event that an authorisation has been granted pursuant to national provisions without an examination whether the conditions laid down in Article 4(7)(a) to (d) of Directive 2000/60/EC … have been complied with, a national court is not required to itself verify whether the conditions laid down in that article are satisfied in order to determine whether environmental damage within the meaning of Article 2(1)(b) of Directive 2004/35, as amended by Directive 2009/31, has arisen’. This case further underlines the need for a strict application of the exemption. A national judge will be entitled to deny the exemption if the authorising authority has not demonstrated full compliance with the strict criteria set out in Art 4(7).

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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.