Document Type : Article


1 Assistant Prof.,Member of the faculty of the Ministry of Health and Medical Education

2 Ph.D. student of private law, Higher Education and Research Institute, Management and Planning


On April 21, 2004, the European Parliament passed "Directive 2004/35/CE of the European Parliament and the Council of 21 April 2004 on environmental liability with regard to the prevention and remedying of environmental" to respond to environmental disasters with widespread damage; Directive have identified two types of strict liability(as originally) and liability based on fault(exceptionally); the operator can be against the strict liability, the defense in Section A 4 Article 8 provides Directive(permit defence), and it has the authority of the member states to accept the operator's defence(Optional defense). This defense is the exception to the strict liability; the inclusion of the permit defence in the Directive and the form of citation and that's effect has changed to its final insertion in the Directive several times and the critique of its impact on European environmental strict liability that has weakened this system of liability, which we are analyzing.


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