Autonomous Interpretation of ‘Civil and Commercial Matters’: Do Public Authorities’ Claims for Clean-up Costs for Pure Environmental Harm Qualify?

Abstract

Recovery of public authorities’ costs for pure environmental harm, ie harm that does not entail an economic loss on part of the authorities, is unlikely to be considered a ‘civil matter’ under Rome II – or the Judgments Regulation/Lugano Convention. The greater problem is probably recognition and enforcement, not choice of law.

Keywords

• Article 7
• Rome II
• pure environmental damage
• choice of law
• recognition and enforcement
• Article7