Odpowiedzialność podmiotów gospodarczych za szkodę wyrządzoną środowisku naturalnemu z perspektywy pierwszych 10 lat członkostwa Polski w Unii Europejskiej
Accountability of economic entities for a damage caused to the natural environment from the perspective of the first ten years of Polish membership in the European Union

Summary/Abstract: It should be emphasized that a national court considering a case after 30 April 2007 should first determine whether the Directive 2004/35 is to be applied ratione temporis in the case pending before it. Secondly, it should examine the conditions for the application ratione materiae of the Directive. The very fact that the injurious action occurred before that date does not preclude the application ratione temporis of the Directive 2004/35. It would be still applicable if the action was continued after that date. Only in case when a court finds out that these actions had been completed before 30 April 2007 but after 1May 2004 the primary and secondary European Union law and national law will be applied. In relation to activities completed prior to 1 May 2004 a court shall apply only Polish law, but this does not exempt entities using the administrative environment from civil and criminal liability for damage.

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