doc__table__21 — 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

| 11. | Those who may be legally liable are referred to as ‘operators’ (22). They are only liable in respect of ‘occupational activities’ coming within the scope of the Directive (23). In Case C-297/19, Naturschutzbund Deutschland — Landesverband Schleswig-Holstein eV, the Court stated that the concept of ‘occupational activity’ is not limited solely to activities which are market-related or are competitive in nature, but encompasses all activities carried out in an occupational context, as opposed to a purely personal or domestic context, and, therefore, cover also activities carried out in the public interest pursuant to a statutory assignment of tasks (24). In the specific case, it confirmed that the Directive applied to a public body responsible for drainage of a wetland in the interests of agriculture.

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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.