By Denis N. Kelliher (auth.), Helmut Koziol, Reiner Schulze (eds.)
ISBN-10: 3211775854
ISBN-13: 9783211775851
ISBN-10: 3211775862
ISBN-13: 9783211775868
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Sample text
The requirement that the damage be quantifiable is also stated in Recital 13 of Directive 2004/35/EC on environmental damage, whilst art. 2(2) thereof defines damage as a “measurable adverse change” or a “measurable impairment”. Nevertheless, “measurable” does not equate to “quantifiable”, since in this context “measurable” refers to the physical effect of the change in the natural resource that amounts to the damage, not to its monetary expression. 3. 2/16 Quantification Specificity Occasionally, the European Court has mentioned that the damage must be “specific”52.
23. T-478/93, Wafer Zoo SRL v. Commission [1995] ECR II-1479, par. 49; T-230/94, Frederick Farrugia v. Commission [1996] ECR II-195, par. 46; T-99/95, Peter Esmond Stott v. Commission [1996] ECR II-2227, par. 72. 4/65, Société anonyme métallurgique Hainaut-Sambre v. High Authority of the ECSC [1965] ECR English sp. ed. 1099; T-184/95, Dorsch Consult Ingenieurgesellschaft mbH v. Council and Commission [1998] ECR II-667, par. 59. T-231/97, New Europe Consulting and others v. Commission [1999] ECR II-2403, par.
See the detailed analysis by Toth (fn. 5) 188, quoting the Quellmehl and Gritz cases. T-45/01, Stephen Sanders and Others v. Commission [2004] ECR II-03315; IA-00267; II01183, par. 164 et seq. Joined cases C-46/93 and C-48/93, Brasserie du Pêcheur SA v. Bundesrepublik Deutschland and The Queen v. Secretary of State for Transport, ex parte: Factortame Ltd. and others [1996] ECR I-1029, par. 87. M. Mulder and others v. Council and Commission [2000] ECR I-203, par. 60. See also T-178/98, Fresh Marine [2000] ECR II-3331, par.
Tort Law of the European Community by Denis N. Kelliher (auth.), Helmut Koziol, Reiner Schulze (eds.)
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