Cases of transboundary water pollution raise questions concerning jurisdiction and the applicable law when it comes to liability litigation. To favour the injured person and environmental protection, European international procedural law gives them the choice to bring an action at the place of the harmful event or at the place of direct damage. The conflict-of-laws rules also usually allow the injured person to choose between the law at the place of the harmful event and the law at the place of direct damage. Specific problems occur at the interface between private and public law when the tortfeasor is a public authority, when it comes to compensation for purely ecological damage, or when the harmful behavior was in compliance with applicable standards or was even authorized.
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