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Please use this identifier to cite or link to this item: http://hdl.handle.net/1942/20110

Title: The Remediation of Contaminated Sites and the Problem of Assessing the Liability of the Innocent Landowner: A Comparative Law Perspective
Authors: Pozzo, Barbara
Vanheusden, Bernard
Bergkamp, Lucas
Brans, Edward
Issue Date: 2015
Citation: European review of private law = Europäische Zeitschrift für Privatrecht, 23 (6), p. 1071-1119
Abstract: On 4 March 2015, the Court of Justice of the European Union (CJEU or Court) issued a preliminary ruling on the application of the Environmental Liability Directive (Directive 2004/35/EC; ELD). The ELD established an administrative law regime aimed at the prevention and remediation of environmental damage, including land (soil) damage. Case C-534/18 concerns soil pollution. The CJEU was asked whether the ELD permits Member States to order the owner of a polluted site to fund or to conduct safety and decontamination measures on that site even if they did not cause the pollution. This question is relevant in a comparative law perspective because Member States may impose more stringent provisions in relation to the prevention and remedying of environmental damage under the ELD, including the identification of additional activities subject to the prevention and remediation requirements of the Directive and the identification of additional responsible parties.
URI: http://hdl.handle.net/1942/20110
ISSN: 0928-9801
Category: A1
Type: Journal Contribution
Validation: vabb, 2017
Appears in Collections: Research publications

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