Curtea de Justiţie a Uniunii Europene şi aplicarea principiului "poluatorul plăteşte" - lecţii pentru statele membre

Prof. univ. dr. Florica Braşoveanu

Facultatea de Drept şi Ştiinţe Administrative a Universităţii Ovidius din Constanţa

The Court of Justice of the European Union and the application of the "polluter pays" principle - lessons for member states

Abstract

This paper concerns the engagement of landowner liability in case of pollution caused by illegal waste incineration. The European Court of Justice's rulings were based on the claim of plaintiff Turkevei Tejtermelo Kft., which contested the application of a pollution fine, arguing that there was no causal link between its conduct and the pollution produced, invoking the "polluter pays" principle and Directive 2004/35/EC.

National courts maintained the joint liability of the owner under Hungarian legislation, and the CJEU, in case C-129/16 (Judgment of 13 July 2017, Turkevei Tejtermelo Kft. v. Hungarian Environmental Protection...