The Liability for Enviromental Damage in Accordance with Act No. 167/2008 Coll.

Vol.18,No.3(2010)

Abstract
The article deals with liability for environmental damage according to the act No. 167/2008 Coll., on prevention and remedying environmental damage. This act represents important part of system on liability for environmental harm in the Czech law. In the light of environmental law principles (liability of originator, polluter-pays-principle) the attention is focused on specifics of this kind of liability and various interpretation problems. After short presentation of liability for environmental damage in the system of environmental liability, the character of this liability according to the act No. 167/2008 Coll. is examined, including conditions of uprising of this liability and possibilities of liberation of liable persons (operators of dangerous activities). The article compares chosen aspects of liability for environmental damage in the Czech law with requirements of the directive 2004/35/ES on environmental damage liability; recent practice of the Court (EU) is reflected too.

Pages:
277–282
Author biography

Lenka Bahýľová

Department of Environmental Law and Land Law, Faculty of Law, Masaryk University, Brno

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