We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
from Part A - Scope of liable persons
Published online by Cambridge University Press: 23 July 2009
A is the operator of a site for the permanent deposit of waste. Polluting effects therefrom cause damage to neighbour B. Fault cannot be established.
Is A liable to B? What kind of damage may B claim? Is it of any importance that B is the owner of the land affected by the negative effects?
What would the extent of liability be if the majority of people living in the community suffer minor property and/or health damage?
What is the extent of liability if A is the operator of an installation, or site, for the incineration, treatment, handling, or recycling of waste?
Would it make any difference if the operator of the waste disposal site was a private person, or a company, or if the dump-site was run by the state?
Comparative remarks
Comparison
The operation of waste disposal sites, as well as sites of incineration, treatment, handling or the recycling of waste, is covered by the liability regimes outlined under Case 1. In Finland, Germany, Greece and Sweden, such activities are also covered by their comprehensive environmental liability regimes. In Portugal, the application of strict liability according to Article 23 LAP, however, depends on whether the activity can be regarded as objectively dangerous. In Austria, strict liability according to §§ 163 et seq. MinroG plays an important role with regard to waste disposal sites situated in mines.
To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.
