doc__table__26 — 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

| 16. | In Cases C-378/08, Raffinerie Mediterranee (ERG I) SpA and others, and C-534/13, Fipa Group and others, the Court ruled that the environmental liability mechanism provided for by the Directive requires the establishment of a causal link between the activity of one or more identifiable operators and the environmental damage or the imminent threat of such damage (30). As for the causal link, the Court has ruled that, if the legislation of a Member State so provides, a presumption, based on plausible evidence, is sufficient in order to establish the link. (31)

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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.