I suffered environmental damage from a neighbouring industrial facility. Which law applies?

What the Law Says

The primary EU law governing liability for environmental damage from industrial activities is Directive 2004/35/EC on environmental liability with regard to the prevention and remedying of environmental damage. It establishes a 'polluter pays' framework based on strict liability for operators of occupational activities listed in Annex III.

The Directive applies to damage to three protected environmental assets: (1) protected species and natural habitats (e.g., Natura 2000 sites), (2) water (including groundwater and surface water), and (3) land where contamination creates significant risk to human health.

Operators of Annex III activities — including industrial manufacturing, waste management, mining, and chemical production — are strictly liable for environmental damage, meaning fault or negligence need not be proven.

Member States must ensure that operators take preventive measures when there is an imminent threat of damage, and carry out remediation when damage occurs. Remediation must restore the environment to its baseline condition, or as close as reasonably possible.

Statutory Text

Member States shall ensure that the operator takes the necessary preventive measures where there is an imminent threat of environmental damage.

— Directive 2004/35/EC, Art. 5(1)

Statutory Text

Member States shall ensure that the operator is liable for environmental damage… caused by occupational activities listed in Annex III.

— Directive 2004/35/EC, Art. 3(1)

Statutory Text

Remediation means the restoration of damaged natural resources and/or impaired services to baseline condition.

— Directive 2004/35/EC, Art. 2(11)

Sources