Environment, Environmental Pollution, Council of State, A. P. Judgment of 22 October 2019 n. 10

Pollution – Environmental pollution – Reclamation – Company taking over as a result of merger by incorporation into the responsible company – Responsible for facts of the original company – Limits

The remediation of the polluted site can also be ordered by a company not responsible for the pollution, but that takes over it due to the merger by incorporation, in the regime previously subject to the reform of company law, and for conduct prior to when the remediation was introduced into the legal system, the damaging effects of which remain at the time of the adoption of the provision.

The question had been referred by Cons. St. sez IV, Ord. 07 May 2019 n. 2928

Source Administrative Justice