doc__table__34 — 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

| 24. | The Environmental Liability Directive contains provisions on its temporal applicability, setting limits on its application by reference to the date of 30 April 2007 and the passage of a period of thirty years (51). The temporal scope for the specific parts introduced by its amendments is, of course, different – for example, for damage to marine waters, the Directive is applicable as of 19 July 2015 (52). It is important to note that occupational activities governed by authorisations that pre-date 30 April 2007 are covered for liability purposes if and to the extent that the damaging activity is continuing after the 30 April 2007. In Case C-529/15, Folk, the Court held that the Directive ‘applies ratione temporis to the environmental damage that occurred after 30 April 2007 but which was caused by the operation of a facility authorised in accordance with the law governing matters relating to water and put into operation before that date.’ (53)

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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.