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Document 62013CO0592

Order of the Court (Eighth Chamber) of 6 October 2015.
Ministero dell'Ambiente e della Tutela del Territorio e del Mare and Others v Ediltecnica SpA.
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Article 191(2) TFEU — Directive 2004/35/EC — Environmental liability — National legislation under which no provision is made for the administrative authorities to require owners of polluted land who have not contributed to that pollution to carry out preventive and remedial measures, and the sole obligation imposed concerns the reimbursement of the measures undertaken by those authorities — Whether compatible with the ‘polluter pays’ principle, the precautionary principle and the principles that preventive action should be taken and that environmental damage should be rectified at source as a matter of priority).
Case C-592/13.

Order of the Court (Eighth Chamber) of 6 October 2015.
Ministero dell'Ambiente e della Tutela del Territorio e del Mare and Others v Ediltecnica SpA.
Request for a preliminary ruling from the Consiglio di Stato.
Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Article 191(2) TFEU — Directive 2004/35/EC — Environmental liability — National legislation under which no provision is made for the administrative authorities to require owners of polluted land who have not contributed to that pollution to carry out preventive and remedial measures, and the sole obligation imposed concerns the reimbursement of the measures undertaken by those authorities — Whether compatible with the ‘polluter pays’ principle, the precautionary principle and the principles that preventive action should be taken and that environmental damage should be rectified at source as a matter of priority.
Case C-592/13.

Digital reports (Court Reports - general - 'Information on unpublished decisions' section)

Order of the Court (Eighth Chamber) of 6 October 2015 — Ediltecnica

(Case C‑592/13) ( 1 )

‛Reference for a preliminary ruling — Article 99 of the Rules of Procedure of the Court — Article 191(2) TFEU — Directive 2004/35/EC — Environmental liability — National legislation under which no provision is made for the administrative authorities to require owners of polluted land who have not contributed to that pollution to carry out preventive and remedial measures, and the sole obligation imposed concerns the reimbursement of the measures undertaken by those authorities — Whether compatible with the ‘polluter pays’ principle, the precautionary principle and the principles that preventive action should be taken and that environmental damage should be rectified at source as a matter of priority)’

1. 

Questions referred for a preliminary ruling — Questions the answer to which may be clearly deduced from the Court’s existing case-law — Application of Article 99 of the Rules of Procedure (Art. 267 TFEU; Rules of Procedure of the Court of Justice, Art. 99) (see paras 10, 11)

2. 

Environment — Prevention and remedying of environmental damage — Environmental liability — Directive 2004/35 — ‘Polluter pays’ principle — Impossibility of identifying the polluter of a plot of land or to have that person adopt remedial measures — National legislation laying down the obligation to reimburse the costs relating to the measures undertaken by the competent authority to owners of polluted land not responsible for that pollution — Lawfulness (European Parliament and Council Directive 2004/35) (see para. 12, operative part)

Operative part

Directive 2004/35/CE of the European Parliament and of the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage must be interpreted as not precluding national legislation such as that at issue in the main proceedings which, where it is impossible to identify the polluter of a plot of land or to have that person adopt remedial measures, does not permit the competent authority to require the owner of the land (who is not responsible for the pollution) to adopt preventive and remedial measures, that person being required merely to reimburse the costs relating to the measures undertaken by the competent authority within the limit of the market value of the site, determined after those measures have been carried out.


( 1 )   OJ C 52, 22.2.2014.

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