Environmental Liability Podnadpis: Implementation of the directive 2004/35/CE on environmental liability with regard to the prevention and remedying of environmental damage Environmental Liability Podnadpis: Implementation of the directive 2004/35/CE on environmental liability with regard to the prevention and remedying of environmental damage Environmental Liability: Implementation of the directive 2004/35/CE on environmental liability with regard to the prevention and remedying of environmental damage
Abstract
This study is composed of an original paper that describes the implementation of the ELD directive in the Member States (part A). This original paper was focused on the implementation of the definition, meaning the substantive scope and also the personal scope (extension of strict liability, extension of the definition of the operator).
There was also focus on the national variations concerning the optional provisions of the directive (adoption of defence articles, mandatory financial security). Part B is the completion of the part A and deals with following problems:.
Who is entitled to submit to the competent authority observations and request the competent authority to take action,. What are the definitions of environmental damage,.
What is the rate of success,. Concrete cases treated under the national ELD transposing legislation.
This topics were discussed mainly in the Member States that have the highest number of reported damage cases - Poland, Hungary, Germany, Spain and United Kingdom.