doc__table__78 — 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

| 64. | Measurement involves comparing the condition of natural resources and services before the damaging occurrence took place with their condition after the occurrence took place (obviously, so far as the condition after is concerned, this comparison will be notional in the case of an imminent threat, since the imminent threat will not yet have materialised as damage). The comparison involves two distinct forms of quantification or estimation, one focused on the situation before and the other on the situation after the damaging occurrence took place (88). It is important to stress that, although relevant to both preventive and remedial action, assessment will need to be treated differently depending on whether the action is time-critical. Where time-critical, the assessment will need to be done on the basis of rapid judgment drawing on existing and immediately accessible information – often of a general character. Support for such a differentiated approach can be found in Case C-378/08, Raffinerie Mediterranee (ERG) SpA and others. (89)

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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.