Skip to main content Accessibility help
×
Home
Hostname: page-component-568f69f84b-pl66f Total loading time: 0.31 Render date: 2021-09-22T22:11:19.832Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "metricsAbstractViews": false, "figures": true, "newCiteModal": false, "newCitedByModal": true, "newEcommerce": true, "newUsageEvents": true }

Transboundary Environmental Damage and the Law of the European Union

Published online by Cambridge University Press:  28 February 2017

Monika Hinteregger*
Affiliation:
University of Graz, Austria

Abstract

Image of the first page of this content. For PDF version, please use the ‘Save PDF’ preceeding this image.'
Type
International Law and the Liability for Catastrophic Environmental Damage
Copyright
Copyright © American Society of International Law 2011

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

1 See Treaty on the Functioning of the European Union (TFEU), arts. 26, 124, Dec. 13, 2007, 2008/C 115/01, available at http://www.unhcr.org/refworld/docid/4bl7a07e2.html.

2 The regulations and directives according to TFEU Article 288.

3 Oj L 334, 17.12.2010, p. 17 (recast).

4 Oj L 175, 5.7.1985, p. 40, as amended by 97/11/EC and 2003/35/EC.

5 Oj L 10, 14.1.1997, p. 13. Under the impression of major industrial accidents on European territory, the scope of the Directive was extended by Directive 2003/105/EC, Oj L 345, 31.12.2003, p. 97, to include risks posed by storage and processing activities in mining, by pyrotechnic and explosive substances, and the storage of ammonium nitrate and ammonium nitrate-based fertilizers.

6 Art. 13(2).

7 See Andrea Francovich and Others v. Italian Republic, Joined Cases C-6/90 and C-9/90 [1991] ECR 1-5357.

8 Council Regulation 2001/44/EC on Jurisdiction and the Recognition and Enforcement of Judgments in Civil and Commercial Matters, Oj L 12, 16.1.2001, p. 1.

9 Regulation 864/2007/EC of the European Parliament and of the Council on the Law Applicable to Non-Contractual Obligations, Oj L 199, 31.7.2007, p. 40.

10 See Posch, Willibald, Some Observations on the Law Applicable to Transfrontier Environmental Damage, in Environmental Liability and Ecological Damage 33 (Hinteregger, Monika ed., 2008)CrossRefGoogle Scholar.

11 Case 21/76 [1976] ECR 1735.

12 Brussels Convention on Jurisdiction and the Enforcement of Judgments in Civil and Commercial Matters, Oj C 27, 26.1.1998, p.l.

13 For a comprehensive analysis of the rules of 13 EU Member States, see Environmental Liability and Ecological Damage (Monika Hinteregger ed., 2008).

14 Directive 2004/35/CE on Environmental Liability with Regard to the Prevention and Remedying of Environmen tal Damage, Oj L 143, 30.4.2004, p. 56 (entered into force Apr. 30, 2004).

15 See ELD Art. 4 and Annexes 4, 5.

Send article to Kindle

To send this article to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle.

Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Transboundary Environmental Damage and the Law of the European Union
Available formats
×

Send article to Dropbox

To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Dropbox.

Transboundary Environmental Damage and the Law of the European Union
Available formats
×

Send article to Google Drive

To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your <service> account. Find out more about sending content to Google Drive.

Transboundary Environmental Damage and the Law of the European Union
Available formats
×
×

Reply to: Submit a response

Please enter your response.

Your details

Please enter a valid email address.

Conflicting interests

Do you have any conflicting interests? *