Book contents
- Frontmatter
- Contents
- Preface
- Acknowledgments
- General editors' preface
- Notes on the contributors
- Table of treaties
- Table of legislation
- List of abbreviations
- Part I Environmental liability in Europe
- 1 International and supranational systems of environmental liability in Europe
- 2 Some observations on the law applicable to transfrontier environmental damage
- Part II The case studies
- Part A Scope of liable persons
- Case 1 Industrial plant
- Case 2 Sudden incident
- Case 3 Dangerous substances
- Case 4 Genetically modified organisms
- Case 5 Micro-organisms
- Case 6 Waste disposal site
- Case 7 Producer of waste
- Case 8 Nuclear power plant
- Case 9 The harmless substance
- Case 10 Historic pollution
- Part B Causation and multiple tortfeasors
- Part C Remedies and legal standing
- Part III Comparison, summary and conclusions
- Bibliography
- Index
Case 3 - Dangerous substances
from Part A - Scope of liable persons
Published online by Cambridge University Press: 23 July 2009
- Frontmatter
- Contents
- Preface
- Acknowledgments
- General editors' preface
- Notes on the contributors
- Table of treaties
- Table of legislation
- List of abbreviations
- Part I Environmental liability in Europe
- 1 International and supranational systems of environmental liability in Europe
- 2 Some observations on the law applicable to transfrontier environmental damage
- Part II The case studies
- Part A Scope of liable persons
- Case 1 Industrial plant
- Case 2 Sudden incident
- Case 3 Dangerous substances
- Case 4 Genetically modified organisms
- Case 5 Micro-organisms
- Case 6 Waste disposal site
- Case 7 Producer of waste
- Case 8 Nuclear power plant
- Case 9 The harmless substance
- Case 10 Historic pollution
- Part B Causation and multiple tortfeasors
- Part C Remedies and legal standing
- Part III Comparison, summary and conclusions
- Bibliography
- Index
Summary
A is a producer of dangerous substances. After several years of site operation, neighbouring land has become contaminated. Being a neighbour of the site, B suffers a loss.
Is A liable to B? Is it of any importance that B owns the contaminated land?
Would it make any difference if B had suffered personal injury or property damage?
What would the extent of liability be if the pollutants cause minor health damage (e.g. chronic bronchitis) and/or property damage to the majority of people living in the community affected by the contamination?
Comparative remarks
Comparison
No European country, except for the Netherlands, provides for a specific liability regime with regard to dangerous substances. Operators of activities producing or dealing with dangerous substances, therefore, are subject to the liability regimes outlined in Case 1. In the Netherlands, Article 6:175 Burgerlijk Wetboek imposes a special strict liability regime on the use of dangerous substances. Liability is placed upon the operator of the activity, who can be held liable many years later, even after closure of the plant. With regard to waste diposal sites, Article 6:176(3) Burgerlijk Wetboek makes clear that, if a waste disposal site was transferred to another operator, the successor cannot be burdened with damages caused by his or her predecessor.
Most countries also ensure the clean-up of contaminated land pursuant to administrative law (Austria, Belgium, England, Finland, France, Germany, Italy, the Netherlands, Scotland, Spain and Sweden).
- Type
- Chapter
- Information
- Environmental Liability and Ecological Damage In European Law , pp. 204 - 221Publisher: Cambridge University PressPrint publication year: 2008