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| 39. | A number of further points arise with regard to situations where liability under the Directive coincides with regulatory breaches under other relevant Union environmental legislation, in particular the other legislation referred to in the Directive itself. Firstly, if damage factors are not being controlled in accordance with the Directive or other legislation, the principle of effectiveness will require Member States and their authorities to act to ensure compliance with the relevant provisions of the Directive and the other legislation that are being contravened. Secondly, the Directive does not explicitly provide for secondary liability for public authorities to take preventive measures, measures to immediately manage damage factors, and remedial measures, but neither does it explicitly provide that all of these measures can be dispensed with if the operator fails to adopt them, or if the operator can justify not having to bear their cost. (73) The distinction that the Directive draws between the measures and the costs of those measures indicates that the measures are required irrespective of whether the operator can or should bear the cost (74). Thirdly, case-law shows how a Member State may be required to take further steps if a required result is not achieved despite the authorities having taken action against an operator. In Case C-104/15, Commission v Romania, which concerned the Extractive Waste Directive (75), the Court found that the Member State remained liable for failure to control toxic dust emissions from a mining waste facility, notwithstanding the fact that it had imposed sanctions on the operator (76) and that the operator had become insolvent (77).

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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.