It is possible to impose a proportionate fine on a landowner on the grounds that he is presumed responsible, together with the user of the land, for environmental damages, according to the European Court of Justice in a ruling delivered on Thursday 13 July (C-129/16).
In 2014, the Hungarian authorities pointed out that municipal waste had been illegally incinerated on land owned by the Túrkevei Tejtermelő Kft. (TTK) company. The latter, however, provided the address of a third party that had passed away a few weeks later. The authorities imposed a fine of 500,000 forints (approximately €1,650). Under Hungarian law, the responsibility for environmental damage is decided on a joint and collective basis of the owner and user of the land in question until proof to the contrary is provided. The owner can discharge themselves of responsibility if he indicates the identity of the effective user of the land and demonstrates that he himself cannot be held liable for the contamination.
The court was requested to provide clarification in a referral and decided that the Hungarian regulation in question seeks to encourage owners to take measures to minimise threats to the environment. This regulation therefore contributes to the prevention of environmental damage and the objectives set out in the 2004/35 directive on environmental responsibility. (Original version in French by Mathieu Bion)