Air pollution, polluter-pays principle and environmental liability directive

Varvastian, Samvel 2018. Air pollution, polluter-pays principle and environmental liability directive. IUCN AEL Journal of Environmental Law 9 , pp. 161-167.

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Abstract

On 13 July 2017 the European Court of Justice (ECJ) delivered a preliminary ruling in the case Túrkevei Tejtermelő Kft.468 The case concerned the interpretation of the polluter-pays principle under Directive 2004/35/EC (Environmental Liability Directive)469 and Articles 191 and 193 of the Treaty on the Functioning of the European Union (TFEU).470 The circumstances of the case are as follows: On 2 July 2014, the Hungarian Lower Environmental Protection Agency was informed that municipal waste was being incinerated at the Túrkevei Tejtermelő Kft. (TTK) facility in the town of Túrkeve, Hungary. Upon the inspection of the site, the Agency staff found three storage units containing 30 to 40 m3 of incinerated municipal waste, including tin cans and other metallic waste, while more metallic waste resulting from the incineration was found in a 5 x 5 metre area outside the storage units. The inspectors also found three lorries ready to transport the incinerated metallic waste.

Item Type:	Article
Status:	Published
Schools:	Law
Subjects:	K Law > K Law (General) K Law > KZ Law of Nations
Publisher:	International Union for the Conservation of Nature
ISSN:	1929-6088
Date of First Compliant Deposit:	18 May 2023
Last Modified:	23 Nov 2023 20:16
URI:	https://orca.cardiff.ac.uk/id/eprint/159635

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