ntr100-C_2021118EN.01000101-E0100

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

(100) This is consistent with the reasoning of the Court in Case C-127/02, Waddenzee. In that case, the Court established a strict test for assessing plans or projects for purposes of Article 6(3) of the Habitats Directive. It considered that an authority can allow a plan or project only if it has made certain that it will not adversely affect site integrity, adding that ‘that is the case where no reasonable scientific doubt remains as to the absence of such effects.’ The time-pressure to take preventive measures and immediately manage damage factors under the Environmental Liability Directive is an important differentiating circumstance, and means that an operator or competent authority may have limited information at their disposal. However, the precautionary principle means that any doubts should result in preventive measures and immediate management of damage factors being taken rather than result in inaction.

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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.