Environmental Liability of Companies in Europe

Abstract

This article aims at gaining deeper insights into the environmental liability of companies in the European Union. It analyses the role of companies within the Environmental Liability Directive (ELD) and evaluates potential hurdles that may limit the possibility to hold companies liable for environmental harm. Various remedies to the limited liability of the corporation are discussed, and the suggestionsare formulated to improve access to justice for victims of environmental harm. Specific attention is paid to a balanced regime of mandatory solvency guarantees to support the ELD liabilities of companies