International Yearbook of Soil Law and Policy 2017 by Harald Ginzky Elizabeth Dooley Irene L. Heuser Emmanuel Kasimbazi Till Markus & Tianbao Qin

Author:Harald Ginzky, Elizabeth Dooley, Irene L. Heuser, Emmanuel Kasimbazi, Till Markus & Tianbao Qin
Language: eng
Format: epub
Publisher: Springer International Publishing, Cham

6.2 The F.A. Hellas S.A. Case

In the F.A. Hellas S.A. case,166 the company was ordered to remediate contaminated soil situated within the grounds of the company’s warehouse, but the precise legal provisions for this liability where not mentioned. The pollutant was estimated to be TPH. The legal bases cited in this act were EnvPL, SolidWaDe, HazWaDe, ManPlHazWaDe and the Netherlands Ministry of spatial planning, Housing and the environment, 2000, Circular on Target Values and Intervention Values for Soil Remediation, 4th February 2000. Further facts cannot be deduced from the face of said act.

The competent authority has failed to give reasons for TPH in question to have been discarded and hence became waste, as well as to having properties that render it hazardous under the then in force HazWaDe. F.A. Hellas could have been called as hazardous waste holder to remediate the pollution caused under section 12(1) HazWaDe. Sadly, neither the addressee’s capacity nor the specific statutory provision was mentioned in the said act, raising concerns as to due reasoning, as explained above. Equally concerning is citing the Dutch Intervention Values as only laws enacted by the Greek Parliament or Decrees issued by the President of the Republic or the competent Minister, following relevant statutory empowerment form binding national legislation. The authorities do not have the power to apply foreign legislation. In doing so, they act ultra legem.

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