Judgment No. 8826 of 2024: Prescription of Compensation Credit in Case of Environmental Offense

The recent judgment No. 8826 of April 3, 2024, represents an important point of reference for the issue of prescription of compensation credit in case of environmental offense. In particular, it clarifies that the owner of a polluted site, who is not responsible for the pollution and has incurred the costs of remediation, can request compensation from the polluter. But when does the prescription period for this credit begin?

The Context of the Judgment

In this judgment, the Court of Cassation established that the prescription of compensation credit begins from the moment of the first manifestation of damage, identifiable with the injunction to proceed with remediation. This principle fits into a well-defined regulatory context, based on articles of the Civil Code such as article 2043, relating to compensation for damage, and article 2058, which deals with environmental damage.

The Principle of the Judgment

Generally, in the case of environmental offense, the prescription of the compensation credit of the owner of the polluted site, who is not responsible for the pollution and has incurred remediation costs, against the polluter begins from the moment of the first manifestation of damage, to be identified as the moment he received the injunction to proceed with remediation.

This principle highlights a crucial aspect: the prescription period does not start from the moment the pollution occurs, but from the moment the owner is formally notified of the need to intervene for remediation. This approach aims to protect owners who, while not being responsible for the pollution, face costs and responsibilities related to the remediation of the site.

Practical Implications

The implications of this judgment are significant for land and property owners in polluted areas. Some key points to consider are:

  • Recognition of the right to compensation for those who are not responsible for the pollution.
  • Clarity on the start of the prescription period, which provides greater certainty for owners.
  • The necessity for vigilance and prompt intervention in the case of official communications regarding remediation.

In a context where environmental damage is increasingly in the spotlight, this judgment represents a step forward towards greater justice and protection for owners of polluted land.

Conclusions

Judgment No. 8826 of 2024 from the Court of Cassation offers important clarification regarding the start of the prescription of compensation credit in case of environmental offense. It underscores the importance of protecting the rights of owners who face damage and remediation costs, establishing a clear and direct principle on the matter. For owners of polluted sites, knowing these rights and the related timelines is essential to act effectively and safeguard their interests.

Bianucci Law Firm