The Possibilities for Nongovernmental Organizations Promoting Environmental Protection to Claim Damages in Relation to the Environment in France, Italy, the Netherlands and Portugal

Even though under the Environmental Liability Directive environmental nongovernmental organizations ( ENGO s) cannot bring actions directly against liable operators, a trend can be noticed in France, Italy, the Netherlands and Portugal, with ENGO s avoiding addressing the competent authorities, and instead using traditional civil law mechanisms to sue liable operators before national courts. ENGO s usually claim material and/or moral damages. In addition, existing practice reveals another trend, although still embryonic, with ENGO s claiming the reparation of the damage to the environment in itself. In so doing, they face the difficulties of demonstrating a ‘direct and personal’ damage in court. This article calls for further clarification from case law and legislation as to the nature and forms of the reparation of the different types of damage that can be obtained by ENGO s through tort law and civil liability claims.