Litigating cross-border environmental damages

This chapter explores how EU private international law, in particular Regulation 864/2007 on the law applicable to non-contractual obligations (Rome II), combined with the rules on cross-border participation in environmental matters, allows the clash between the domestic administrative legality of certain polluting activities and injunctive or compensatory claims against them under the civil law of a neighboring Member State to be solved. It is argued that under the conditions set out in Article 17 of Rome II, foreign administrative authorizations can be given appropriate effect.