Innocent Ownership Rules Held to be Compatible with the Polluter Pays Principle
In a judgment of 4 March 2015 (case C-534/13, Ministero dell'Ambiente e della Tutela del Territorio e del Mare v Fipa Group Srl), the Court of Justice of the European Union (CJEU) ruled that national legislation exempting innocent landowners from the obligation to take emergency, safety and remedial measures is compatible with the polluter pays principle introduced by the Environmental Liability Directive (Directive 2004/35/EC of the European Parliament and the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental damage, hereinafter the "ELD").
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