Liability for environmental damage according to Directive 2004-35-EC

By virtue of Directive 2004/35/EC on environmental liability, and with regard to the prevention and remedying of environmental damage, the European Community has developed a legal framework for liability for threat of environmental damage or the occurrence of environmental damage. Its provisions have also determined the duty of the Member States concerning the implementation of regulations necessary to force through the provisions of the above-mentioned act of union law by 30 April, 2007. Such a state of affairs extorts actions, the aim of which is to settle contentious matters which will make the introduction of necessary legal changes possible. Due to the lack of consensus both among the academic representatives in Polish legal circles and other Member States as to the kind of responsibility (which was used by the EC legislator in the Directive), the issue undoubtedly belongs to the group of problems indicated above. On the other hand, the relevance of the issue for the process of effective realization of the aim of the legal act being established, the law unequivocally recommends that its settlement should have priority.