Environmental Liability and Ecological Damage in European Lawassets.cambridge.org/97805218/89971/frontmatter/... · private law aspects of environmental liability. It addresses the

Environmental Liability and Ecological Damagein European Law

Providing a comprehensive analysis of environmental liability

law in Europe, this book offers a general introduction to the

status of environmental liability in Europe. It describes the

relevant international treaties and the EC Environmental

Liability Directive and discusses the conflict of laws issues

regarding transfrontier environmental damage. It also contains

the results of a comparative project covering fourteen

jurisdictions in thirteen European countries (Austria, Belgium,

England, Finland, France, Germany, Greece, Ireland, Italy,

Netherlands, Portugal, Scotland, Spain and Sweden) on the

private law aspects of environmental liability. It addresses

the main problems of the application of tort law in

environmental law, such as the availability of no-fault liability,

the establishment of causation, the scope of available remedies

and the issue of legal standing. Due to the very limited

harmonizing effect of the EC Environmental Liability Directive

national tort law will keep its importance in the field of

environmental liability.

MON IKA H INTEREGGER is a Professor of Civil Law at the Institute of

Civil Law, Foreign and Private International Law, Karl Franzens

University of Graz. Her teaching covers topics of European

Private Law and Austrian Civil Law. For the past fifteen years she

has been a legal advisor to the Austrian Government and

Parliament on several topics of tort law.

© Cambridge University Press www.cambridge.org

Cambridge University Press978-0-521-88997-1 - Environmental Liability and Ecological Damage in European LawEdited by Monika HintereggerFrontmatterMore information

http://www.cambridge.org/9780521889971

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The Common Core of European Private Law

General Editors

Mauro Bussani, University of TriesteUgo Mattei, University of Turin and University of California,Hastings College of Law

Honorary Editor

Rodolfo Sacco, University of Turin

Editorial Board

James Gordley, Cecil Turner Professor of Law, University of California,Berkeley; Editor in Chief of the American Journal of Comparative LawAntonio Gambaro, Professor of Law, University of Milan; President of theItalian Society of Comparative LawFranz Werro, University of Freiburg and Georgetown University Law CenterRodolfo Sacco, President of the International Association of LegalScience (UNESCO)

For the transnational lawyer the present European situation is equivalent to

that of a traveller compelled to cross legal Europe using a number of differ-

ent local maps. To assist lawyers in the journey beyond their own locality

The Common Core of European Private Law Project was launched in 1993 at the

University of Trento under the auspices of the late Professor Rudolf B.

Schlesinger.

The aim of this collective scholarly enterprise is to unearth what is already

common to the legal systems of European Union member states. Case studies

widely circulated and discussed between lawyers of different traditions are

employed to draw at least the main lines of a reliable map of the law of Europe.

Books in the series

Environmental Liability and Ecological Damage in European LawEdited by Monika Hinteregger

978 0 521 88997 1 Hardback

The Enforcement of Competition Law in EuropeEdited by Thomas M. J. Mollers and Andreas Heinemann

978 0 521 88110 4 Hardback

Commercial Trusts in European Private LawEdited by Michele Graziadei, Ugo Mattei and Lionel Smith

978 0 521 84919 7






Mistake, Fraud and Duties to Inform in European Contract LawEdited by Ruth Sefton-Green

0 521 84423 1 Hardback

Security Rights in Movable Property in European Private LawEdited by Eva-Maria Kieninger

0 521 83967 X Hardback

Pure Economic Loss in EuropeEdited by Mauro Bussani and Vernon Valentine Palmer

0 521 82464 8 Hardback

The Enforceability of Promises in European Contract LawEdited by James Gordley

0 521 79021 2 Hardback

Good Faith in European Contract LawEdited by Reinhard Zimmermann and Simon Whittaker

0 521 77190 0 Hardback






Environmental Liabilityand Ecological Damagein European Law

Edited by

Monika Hinteregger






CAMBR IDGE UN IVERS I TY PRESS

Cambridge,NewYork,Melbourne,Madrid, CapeTown, Singapore, Sao Paulo,Delhi

Cambridge University PressThe Edinburgh Building, Cambridge CB2 8RU, UK

Published in the United States of America by Cambridge University Press,New York

www.cambridge.orgInformation on this title: www.cambridge.org/9780521889971

# Cambridge University Press 2008

This publication is in copyright. Subject to statutory exceptionand to the provisions of relevant collective licensing agreements,no reproduction of any part may take place withoutthe written permission of Cambridge University Press.

First published 2008

Printed in the United Kingdom at the University Press, Cambridge

A catalogue record for this publication is available from the British Library

Library of Congress Cataloging-in-Publication DataEnvironmental liability and ecological damage in European law / edited byMonika Hinteregger.p. cm. – (The common core of European private law)Includes bibliographical references.ISBN 978-0-521-88997-11. Liability for environmental damages – Europe. I. Gimpel-Hinteregger,Monika. II. Title. III. Series.KJC1715.E58 2008344.404’6–dc22

2008018937

ISBN 978-0-521-88997-1 hardback

Cambridge University Press has no responsibility forthe persistence or accuracy of URLs for external orthird-party internet websites referred to in this book,and does not guarantee that any content on suchwebsites is, or will remain, accurate or appropriate.






Contents

Preface page xviiAcknowledgments xixGeneral editors’ preface xxNotes on the contributors xxiiTable of treaties xxivTable of legislation xxviiList of abbreviations lv

Part I Environmental liability in Europe 1

1 International and supranational systems ofenvironmental liability in EuropeMonika Hinteregger 3

2 Some observations on the law applicable totransfrontier environmental damageWillibald Posch 33

Part II The case studies 53

3 The Questionnaire 55I. Goal of the Questionnaire 55II. Text of the Questionnaire 57

Part A Scope of liable persons 65

Case 1 Industrial plant 67Comparative remarks 67Discussions 80

Austria 80Belgium 84

vii






England 90Finland 102France 103Germany 108Greece 114Ireland 117Italy 128The Netherlands 138Portugal 142Scotland 150Spain 151Sweden 159

Case 2 Sudden incident 161Comparative remarks 161Discussions 167

Austria 167Belgium 170England 174Finland 177France 178Germany 181Greece 184Ireland 185Italy 189The Netherlands 191Portugal 195Scotland 196Spain 198Sweden 202

Case 3 Dangerous substances 204Comparative remarks 204Discussions 205

Austria 205Belgium 206England 209Finland 211France 212Germany 213Greece 215Ireland 215

viii C O N T E N T S






Italy 216The Netherlands 216Portugal 217Scotland 218Spain 219Sweden 220

Case 4 Genetically modified organisms 222Comparative remarks 222Discussions 226


Case 5 Micro-organisms 250Comparative remarks 250Discussions 252


C O N T E N T S ix






Case 6 Waste disposal site 261Comparative remarks 261Discussions 263


Case 7 Producer of waste 278Comparative remarks 278Discussions 279


Case 8 Nuclear power plant 290Comparative remarks 290Discussions 293

Austria 293Belgium 296England 298Finland 300

x C O N T E N T S






France 300Germany 301Greece 301Ireland 303Italy 305The Netherlands 305Portugal 311Scotland 311Spain 312Sweden 314

Case 9 The harmless substance 315Comparative remarks 315Discussions 317


Case 10 Historic pollution 328Comparative remarks 328Discussions 330

Austria 330Belgium 331England 332Finland 333France 333Germany 334Greece 335Ireland 337Italy 338The Netherlands 339

C O N T E N T S xi






Portugal 341Scotland 341Spain 342Sweden 343

Part B Causation and multiple tortfeasors 345

Case 11 Cancer from pollution 347Comparative remarks 347Discussions 352


Case 12 Increase in leukaemia rate 372Comparative remarks 372Discussions 376


xii C O N T E N T S






Case 13 The dying forest 395Comparative remarks 395Discussions 397


Case 14 Fish kill 412Comparative remarks 412Discussions 414


Part C Remedies and legal standing 433

Case 15 Contaminated land 435Comparative remarks 435Discussions 442

Austria 442Belgium 444

C O N T E N T S xiii






England 447Finland 450France 451Germany 452Greece 454Ireland 456Italy 458The Netherlands 460Portugal 466Scotland 468Spain 470Sweden 476

Case 16 The polluted river 478Comparative remarks 478Discussions 479


Case 17 The oil spill 520Comparative remarks 520Discussions 532

Austria 532Belgium 533England 535Finland 537France 538Germany 540Greece 543Ireland 544Italy 547The Netherlands 548

xiv C O N T E N T S






Portugal 551Scotland 552Spain 553Sweden 559

Case 18 Contaminated drinking water 560Comparative remarks 560Discussions 563


Part III Comparison, summary and conclusions 577

4 ComparisonMonika Hinteregger 579

5 Summary and conclusionsMonika Hinteregger 637

Bibliography 649Index 673

C O N T E N T S xv






Preface

The notion of environmental damage is a rather recent development intort law on both a national and an international level. Constant degra-dation of environmental goods, such as air, water and wildlife, byemissions and old dumpsites and spectacular industrial accidents caus-ing pollution created a new awareness by the public of the environ-ment. National legislation and new international treaties show that tortliability is attributed an increasing role in the protection of the environ-ment by decision-makers. The most recent example is EC Directive2004/35/EC on Environmental Liability with Regard to the Preventionand Remedying of Environmental Damage (OJ L 143, p. 56, 30 April2004). The Directive, however, provides for a rather narrow concept ofenvironmental liability. Although Member States are not preventedfrom maintaining or enacting more stringent provisions, it must beexpected that the Directive will only provide for limited harmonisationof Member State laws with regard to the prevention and remediation ofenvironmental damage. National tort law will therefore continue toplay a major part in the field of environmental liability.

This book provides an analysis of how private law regimes in Europecope with the problem of damage to the environment. In Part I, there aregeneral introductions to the status of environmental liability in Europeand conflict of laws issues regarding transfrontier environmental damage.

Part II of the book contains the comparative project covering fourteenjurisdictions in thirteen European countries. It concentrates on theprivate law aspects of environmental liability. Thus, the main problemsof the application of tort law in the field of environmental law – such asthe availability of no-fault liability, the establishment of causation, thescope of available remedies and the crucial issue of legal standing – areaddressed.

xvii






The ‘Environmental liability and ecological damage in European Law’project was launched in July 2000 at the general meeting of theCommon Core project in Trento, where a first draft questionnaire,developed by the editor of this book, was discussed by several scholarsof the environmental group of the Trento project. Already at that meet-ing, the first participants in the project joined in, and, in 2001, again atthe general meeting of the Common Core project, the questionnairewas finalised and presented to the members of the tort group of theCommon Core project (chaired by Professor Mathias Reimann,University of Michigan Law School), who were very supportive of theidea to engage in a comparative study on environmental liability law.The following years were spent recruiting legal experts from thosestates that were not yet covered and preparing the responses, whichwere discussed during several meetings of the project team.

By including fourteen reports from thirteen countries (Austria,Belgium, England, Finland, France, Germany, Greece, Ireland, Italy, theNetherlands, Portugal, Scotland, Spain and Sweden), the rather ambi-tious plan to cover all the (then) fifteen Member States of the EuropeanUnion was nearly achieved. It was, however, not possible to expand thescope of the project when the enlargement of the European Union totwenty-five Member States took place on 1 May 2004, as the project wasalready in a very advanced stage at that time. The same applies for theaccession of Bulgaria and Romania on 1 January 2007. The challengingand extremely interesting endeavour of a comparative analysis of theenvironmental liability laws of these jurisdictionsmust therefore be leftto a follow-up project.

xviii P R E F A C E






Acknowledgments

The editor of and the contributors to this volumewish to thank all thosewho have made this book possible. First of all, thanks to Ugo Mattei andMauro Bussani, the general editors of the Common Core project, forincluding this volume in the Common Core of European Private Lawseries, and to Franz Werro, the new chairman of the tort group of theTrento project, for reviewing the first draft of the volume and for hishelpful comments and suggestions. We are very indebted to all thosewho so efficiently organised the numerous meetings in Trento dur-ing which the project was developed, discussed and finalised, namely,Mrs Carla Boninsegna and her team. Many thanks also go to CambridgeUniversity Press for accepting the volume for publication and all thoseat Cambridge University Press who helped in the publishing process.

During the long process of writing this book, many persons havehelped to bring this project to fruition. I thank Manuela Weissenbacher,Elke Buchwalder and Georg Aichinger for the assistance they have pro-vided throughout the preparation of the project, Monika Lammer for thetechnical preparation of the manuscript and Rachel Tripp for her helpwith linguistic matters.

Monika Hinteregger, Graz, 2008

xix






General editors’ preface

This is the eighth book in the Common Core of European PrivateLaw series published within Cambridge Studies in International andComparative Law. The project was launched in 1993 at the Universityof Trento under the auspices of the late Professor Rudolf B. Schlesinger.

The methodology used in the Trento project is novel. By making useof case studies it goes beyond mere description to detailed inquiry intohowmost European Union legal systems resolve specific legal questionsin practice, and provides a thorough comparison between those sys-tems. It is our hope that these volumes will provide scholars with avaluable tool for research in comparative law and in their own nationallegal systems. The collection ofmaterials that the CommonCore projectis offering to the scholarly community is already quite extensive andwill become even more so when more volumes are published. Theavailability of materials attempting a genuine analysis of how thingsare is, in our opinion, a prerequisite for an intelligent and criticaldiscussion on how they should be. Perhaps in the future Europeanprivate law will be authoritatively restated or even codified. The ana-lytical work carried on today by the almost 200 scholars involved in theCommon Core project is also a precious asset of knowledge and legiti-misation for any such normative enterprise.

Wemust thank the editors of and contributors to these first publishedresults. With a sense of deep gratitude we also wish to recall our lateHonorary Editor, Professor Rudolf B. Schlesinger. We are sad that wehave not been able to present him with the results of a project in whichhe believed so firmly.

No scholarly project can survive without committed sponsors. TheItalian Ministry of Scientific Research is funding the project, havingrecognised it as a ‘research of national interest’. The International

xx






University College of Turin with the Compagnia di San Paolo and theConsiglio Nazionale del Notariato allow us to organise the general meet-ings. The EuropeanCommission has partially sponsored someof our pastgeneral meetings, having included them in their High Level ConferencesProgram. The University of Turin, the University of Trieste, the FrommChair in International and Comparative Law at the University ofCalifornia and the Hastings College of Law, and the Centro Studi diDiritto Comparato of Trieste, have all contributed to the funding of thisproject. Last but not least, we must thank all those involved in ourongoing projects in contract law, property, tort and other areas, whoseresults will be the subject of future published volumes.

Our home page on the internet is at http://www.iuctorino.it. Thereyou can follow our progress in mapping the common core of Europeanprivate law.

General Editors

Mauro Bussani, University of Trieste

Ugo Mattei, University of Turin and University of California,

Hastings College of Law

Honorary Editor

Rudolfo Sacco, University of Turin

Late Honorary Editor

Rudolf B. Schlesinger, Cornell University and University of California,

Hastings

G E N E R A L E D I T O R S ’ P R E F A C E xxi






Contributors

HUBERT BOCKEN, Prof. Dr, Faculty of Law, Department of Civil Law,University of Gent (Belgian report)

EUGENIA DACORONIA, Attorney-at-Law, Lecturer in Civil Law at AthensUniversity Department of Law (Greek report)

ALAN DOYLE , LLM (Bruges), LLB (Dublin), Solicitor, Ireland (Irish report)PH ILL I PPE GUILLOT, Dr iur., hab., Senior Lecturer in Public Law at the

University of Rouen, First Vice Dean of the Faculty of Law,Economics, and Management (French report)

MONIKA HINTEREGGER, Dr iur., Professor of Civil Law, University of Graz(editor, Austrian report)

NORMA HIRD, Senior Lecturer, School of Law at the University ofSheffield (English report)

ERKKI J . HOLLO, Prof. Dr iur., Faculty of Law, Department of Civil Law,University of Helsinki (Finnish report)

GERAINT HOWELLS , LLB, Barrister, Professor of Law, Lancaster University(English report)

MAR IE - LOUISE LARSSON, LLD, Associate Professor of Civil Law at theFaculty of Law, Stockholm University (Swedish report)

THOMAS M. J . MOLLERS, Dr iur., Professor of Civil Law, Economic Law,European Law, Conflict of Law and Comparative Law, ManagingDirector of European Legal Orders at the University of Augsburg(Germen report)

WILL IBALD POSCH, Dr iur., Professor of Civil Law and InternationalPrivate Law, University of Graz

BARBARA POZZO, Dr iur., Professor of Comparative Private Law,Universita dell’Insubria (Italian report)

ELSPETH RE ID, Senior Lecturer in Law, University of Edinburgh (Scottishreport)

xxii






DOMIN IQUE A. J . ROOMBERG, Adelmeijer Hoyng Advocaten, Maastricht(Dutch report)

PETER ROTT, Dr iur., Junior Professor of Civil Law, specialising inEuropean Private Law, at the University of Bremen, Germany(English report)

ALBERT RUDA, Observatory of European and Comparative Private Law,Facultat de Dret, Universitat de Girona (Spanish report)

JOS E CUNHAL SENDIM, Assistente de Faculdade de Direito daUniversidade de Lisboa (Portuguese report)

CAROLYN SHELBOURN, Senior lecturer, School of Law, University ofSheffield (English report)

N O T E S O N T H E C O N T R I B U T O R S xxiii






Table of treaties

European Convention for the Protection of Human Rights andFundamental Freedoms of 4 November 1950 95, 585

Treaty establishing the European Atomic Energy Community of25 March 1957 23

Convention on Third Party Liability in the Field of Nuclear Energy of29 July 1960, as amended by the additional Protocol of 28 January1964 and by the Protocol of 16 November 1982 5, 23, 28–30, 44,105, 146, 180, 290–3, 295–8, 300–2, 305–6, 309, 311, 313, 601–2,637, 640, 643

Convention of 31 January 1963 Supplementary to the ParisConvention of 29 July 1960, as amended by the additional Protocolof 28 January 1964 and by the Protocol of 16November 1982 5, 23,28–9, 105, 296, 305, 637

Vienna Convention on Civil Liability for Nuclear Damage of 21 May1963 5, 23, 28–30, 293, 295, 637, 640

Agreement between the Federal Republic of Germany and Austriaconcerning the Effects on the Territory of the Federal Republic ofGermany of Construction and Operation of the Salzburg Airport of19 December 1967 48

Brussels Convention on Jurisdiction and the Enforcement ofJudgments in Civil and Commercial Matters of 27 September1968 39, 45

International Convention on Civil Liability for Oil Pollution Damage of29 November 1969, as amended by the Protocol of 1976 26, 543,545, 637

International Convention on the Establishment of an InternationalFund for Compensation for Oil Pollution Damage of 18 December1971 26, 28, 545–6, 557, 637

xxiv






Brussels Convention Relating to Civil Liability in the Field of MaritimeCarriage of Nuclear Material of 17 December 1971 23, 641

EC Draft Convention on the Law Applicable to Contractual and Non-Contractual Obligations of 1972 38–40

International Convention for the Prevention of Marine Pollution fromShips of 1973, as modified by the Protocol of 1978 relatingthereto 44

Convention on the Law Applicable to Products Liability of 2 October1973 43

Convention on Limitation of Liability for Maritime Claims of19 November 1976 21, 25, 639

Rome Convention on the Law Applicable to Contractual Obligations of19 June 1980 38

United Nations Convention on the Law of the Sea of 7 October1982 540, 547

Strasbourg Convention on Limitation of Liability in Inland Navigationof 1988 21, 25, 640

Joint Protocol relating to the Application of the Vienna Convention andthe Paris Convention of 21 September 1988 28

Basel Convention on the Control of Transboundary Movement ofHazardous Wastes and Their Disposal of 22 March 1989 31, 638

Convention on Civil Liability for Damage Caused During Carriage ofDangerous Goods by Road, Rail and Inland Navigation Vessels of10 October 1989 23, 641

Convention on the Rights of the Child of 20 November 1989 95Treaty on European Union of 7 February 1992 25, 39, 127Helsinki Convention on the Protection and the Use of Transboundary

Watercourses and International Lakes of 17 March 1992 31, 638Helsinki Convention on the Transboundary Effects of Industrial

Accidents of 17 March 1992 31, 638Convention on Biological Diversity of 5 June 1992 14Lugano Convention on Civil Liability for Damage Resulting from

Activities Dangerous to the Environment of 21 June 1993 3–5,154, 638

International Convention on Liability and Compensation for Damage inConnection with the Carriage of Hazardous and NoxiousSubstances by Sea of 3 May 1996 23

Convention on Supplementary Compensation for Nuclear Damage of12 September 1997 28–9, 293, 297, 637

T A B L E O F T R E A T I E S xxv






Protocol to amend the Vienna Convention on Civil Liability for NuclearDamage of 12 September 1997 28

Treaty of Amsterdam amending the Treaty on European Union, theTreaties establishing the European Communities and certainrelated acts of 2 October 1997 39

Aarhus Convention on Access to Information, Public Participation inDecision-Making and Access to Justice in Environmental Matters of25 June 1998 24, 641

Protocol on Liability and Compensation for Damage resulting fromTransboundary Movements of Hazardous Wastes and TheirDisposal of 10 December 1999 31, 638

Cartagena Protocol on Biosafety to the Convention on BiologicalDiversity of 29 January 2000 25, 32, 638

International Convention on Civil Liability for Bunker Oil PollutionDamage of 23 March 2001 26, 637, 641

Protocol on Civil Liability and Compensation for Damage Caused by theTransboundary Effects of Industrial Accidents on TransboundaryWaters to the 1992 Convention on the Protection and the Use ofTransboundary Watercourses and International Lakes and to the1992 Convention on the Transboundary Effects of IndustrialAccidents of 21 May 2003 31

Protocol of 12 February 2004 to amend the Convention of 31 January1963 Supplementary to the Paris Convention of 29 July 1960 onThird Party Liability in the Field of Nuclear Energy, as amended bythe additional Protocol of 28 January 1964, by the Protocol of16 November 1982 637

Protocol of 12 February 2004 to amend the Convention on Third PartyLiability in the Field of Nuclear Energy of 29 July 1960, as amendedby the additional Protocol of 28 January 1964, by the Protocol of16 November 1982 29

xxvi T A B L E O F T R E A T I E S






Table of legislation

Austria

Federal legislation

Abfallwirtschaftsgesetz 2002 (AWG), Waste Management Act, BGBl I2002/102, as amended by BGBl I 2007/16 443, 279

Allgemeines Burgerliches Gesetzbuch (ABGB), Austrian Civil Codex 364 81–2, 84x 364a 69, 81–4xx 1036 et seq. 528, 533, 634x 1042 439, 443, 480, 528, 533, 624, 634x 1295 80x 1301 397x 1302 395, 397, 414, 615x 1304 165, 168–9, 591x 1315 80x 1323 442, 480–1x 1324 442–3, 574x 1325 377, 563–4x 1326 561, 563, 617x 1327 564x 1409 331x 1489 328, 330, 607

Allgemeines Sozialversicherungsgesetz (ASVG), General Social SecurityInsurance Act, BGBl 1955/189, as amended by BGBl I 2004/179

x 332 377Amtshaftungsgesetz (AHG), Official Liability Act, BGBl 1949/20, as

amended by BGBl I 1999/194 253, 443

xxvii






Atomhaftungsgesetz (AtomHG), Federal Law on Civil Liability forDamage Caused by Radioactivity 1999, BGBl I 1998/170, as amendedby BGBl I 2003/33 83

x 2(4) 294x 3(1) 294x 3(2) 294x 11(1) 295x 11(2) 228, 296, 437, 622x 11(3) 296, 440, 443, 624x 11(4) 296x 12(1) 350, 352, 373, 376, 611, 613x 15 168x 16(2) 294x 19(1) 169–70x 19(3) 168, 292, 295, 603x 23(2) 295

Eisenbahn- und Kraftfahrzeug-Haftpflichtgesetz (EKHG), Act on Railwayand Motor Vehicle Liability, BGBl 1959/48, as amended by BGBl I2004/115

x 7(1) 168–9x 7(2) 169x 9 167–8x 11 170x 13(4) 564

Forstgesetz (ForstG), Forestry Act, BGBl 1975/440, as amended by BGBl I2005/87

x 47 81xx 53-57 83x 53(2) 395, 397, 615x 53(3) 168x 54 350, 352, 611

Gentechnikgesetz (GTG), Gene Technology Act, BGBl I 1994/510, asamended by BGBl I 2006/13

x 20 226xx 79a–79j 83, 224, 226–7, 598xx 79k–79m 225, 227, 598xx 79a(1) 226–7x 79b 228, 437, 442, 622x 79c(1) 167x 79c(2) 168

xxviii T A B L E O F L E G I S L A T I O N






x 79c(3) 168x 79d 226, 350, 373, 611, 613x 79e(2) 169–70x 79f 227x 79h(3) 168x 79k(2) 227, 437, 442, 622x 79k(4) 350, 352, 373, 377, 611, 613x 79m 227

Kraftfahrzeug-Haftpflichtversicherungsgesetz (KHVG), Third Party MotorInsurance Law, BGBl I 1994/651, as amended by BGBl I 2005/19

x 26 479Luftfahrtgesetz (LFG), Civil Aviation Act, BGBl 1957/253, as amended by

BGBl I 2004/173xx 146–155 168x 154 169–70x 158 564x 161 168

Mineralrohstoffgesetz (MinroG), Act on Mineral Raw ProductsResources, BGBl I 1999/38, as amended by BGBl I 2003/112

xx 160 et seq. 83x 162(1) 350, 352, 611xx 163 et seq. 261, 263, 599x 164 167x 165(1) 168–9x 165(2) 169

Produkthaftungsgesetz (PHG), Product Liability Act, BGBl I 1988/99, asamended by BGBl I 2001/98

x 8(1) 168x 8(2) 318x 11 168x 14 564

Reichshaftpflichtgesetz (RHPflG), Reich Act on Liability, dRGBl 1871/207, as amended by BGBl I 2004/115

x 1a 83x 1a(3) 167x 1a(4) 168–9x 3 564

Rohrleitungsgesetz, Pipeline Act, BGBl 1975/411, as amended by BGBl I2004/115

xx 10 et seq. 83

T A B L E O F L E G I S L A T I O N xxix






Wasserrechtsgesetz (WRG), Water Act, BGBl 1959/215, as amended byBGBl I 2006/123

x 1 479x 2 480x 2(2) 479x 3 479x 26(2) 83, 167, 261, 263, 350, 599, 611x 26(5) 350, 352, 395, 397, 611, 615x 31 480, 522, 532–3, 628x 31(3) 480, 522, 628x 31(4) 480

State legislation

Burgenlandisches Naturschutz- und Landschaftspflegegesetz, LGBl1991/27, as amended by LGBl 2004/58 480

Oberosterreichisches Natur- und Landschaftsschutzgesetz, LGBl 2001/129, as amended by LGBl 2005/61 480

Salzburger Naturschutzgesetz, LGBl 1999/73, as amended by LGBl2005/58 480

Tiroler Naturschutzgesetz 2005, LGBl 2005/26 480

Belgium

Burgerlijk Wetboek (BW), Belgian Civil CodeArt. 544 86Art. 714 485, 530, 636Art. 1315 347, 352, 609Art. 1382 206, 228–9Art. 1383 206, 228–9Art. 1384 173Art. 1384(1) 73, 84, 163–4, 170–2, 224, 228–9, 253, 264, 316, 318,

331, 482, 521, 585, 589–90, 597, 606Art. 1384(3) 482Art. 1385 224, 228–9, 250, 253, 597Art. 1641 229Art. 2262 329, 331, 607

Gerechtelijk Wetboek (GW)Art. 870 347, 353, 609

xxx T A B L E O F L E G I S L A T I O N






Art. 871 353Art. 877 353

Act of 31 December 1963Art. 2 bis 85, 439, 446–7, 482

Act of 12 April 1965 85Act of 22 July 1974 521, 627

Art. 7 85, 280Act of 20 July 1976, for the protection of themarine environment under

Belgian jurisdiction 534Act of 24 December 1976

Art. 85 482, 624Act of 10 January 1977 85Act of 30 July 1979 85Act of 22 July 1985, as amended by the Law of 11 July 2000 85, 290,

296, 602Art. 5 297Art. 7 298

Act of 25 February 1991, Product Liability Law 85, 229Art. 1 229Art. 5 229Art. 11 229

Act of 10 June 1998 331Act of 10 August 1998 85Act of 12 January 1993 78, 594Act of 20 January 1999 84, 483–4, 523, 535, 629

Art. 37 x 5 530, 636Brussels Ordinance on prevention and management of waste of

7 March 1991Art. 17 447, 482

Code of Civil Procedure (CCP)Art. 17 444Art. 18 444

Decree of 28 June 1985 on environmental permitsArt. 22 206

Employment Contract LawArt. 18 482

Flemish Decree of 2 July 1981 on wasteArt. 15 206Art. 59 446, 482

Flemish Decree of 6 February 1991 228

T A B L E O F L E G I S L A T I O N xxxi






Flemish Decree of 22 February 1995 on soil sanitation 89Art. 25 85

Flemish Decree of 22 March 1995 on soil clean-upArt. 46 482Art. 8 208

Flemish Decree of 1 June 1995 228Flemish Decree of 23 July 1998 on nature protection

Art. 59 482Health Insurance Law of 14 July 1991

Art. 136 380Industrial Accident Law of 10 April 1971

Art. 47 380Local Government Act

Art. 271 486, 635Local Government Decree of 15 July 2005

Art. 194 529Royal Decree of 13 September 1919, co-ordinating the legislation on

minesArt. 58 85

Royal Decree of 6 December 1978 85Royal Decree of 28 February 1991 85Royal Decree of 5 August 1991 85Royal Decree of 18 December 1998 228Walloon Decree of 5 July 1985 on waste

Art. 28 446, 482Art. 39 446, 482Art. 58 446–7, 482

Walloon Decree of 11 October 1985Walloon Decree of 1 April 2004 on contaminated land 89–90

England

Contaminated Land (England) Regulations 2000, SI 2000 No. 227 210Environment Act 1995, 1995 ch. 25 210Environmental Protection Act 1990 76, 150, 210, 522, 588, 628

Part IIA 333, 438, 448, 622–3Part II 266Part III 281Part VI 230s. 59 228

xxxii T A B L E O F L E G I S L A T I O N






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