doc__table__35 — COMMISSION NOTICE Guidelines providing a common understanding of the term…

doctable35

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

| 25. | The Directive also contains provisions on exceptions, setting limits on its application by reference to a number of specified causes of environmental damage (54). Furthermore, it provides for a number of grounds that an operator can invoke to avoid bearing the cost of preventive and remedial actions (55). It also gives Member States the possibility to decide to relieve an operator of the cost of remedial actions, where the operator demonstrates that he was not at fault or negligent and fulfilled all conditions of an authorisation (56) or acted according to the state of the technical and scientific art. (57) However, there are limits to the last-mentioned possibilities, as is made clear by the Court judgment in Case C-529/15, Folk (58) concerning Article 8(4)(a) of the Directive.

← doc__table__34 · All articles · doc__table__36 →

Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.