Chronique de droit privé de l’environnement, civil et commercial (2009-2011)

Abstract

The years 2009 to 2011 are marked by several elements in civil environmental law : the adaptation of the waste directive and its effects on the French positive law, an evolution of the judiciary jurisprudence on the cleaning up of the soil by the Classified Installations for the Protection of the Environment law (the ICPE law), two decisions which expressly establish the precautionary principle like a civil source of responsibility in event of failure and of the judgement of the first civil court relating to the imputability of the responsibility which could have applications in event of diffuse pollution. As for the commercial law it was very marked by the " Grenelle " of the environment, the financial markets also knew evolutions following the adoption of directives constituting the " package climate-energy " and finally the question of the reparation of a contamined site is currents issues.