Opinion of the Advocate General — ECLI:EU:C:1999:101
Date: 1999-02-25
Language of the case: Dutch
Based on: Treaty establishing the European Economic Community (1957)
Subject matter: Environment;Approximation of laws;Pollution
Procedure: Reference for a preliminary ruling
Origin: Netherlands

Summary of the Judgment 
Environment — Water pollution — Directive 76/464 — 'Discharge' within the meaning 
of Article 1(2)(d) of the Directive — Precipitation of contaminated steam on to surface 
water — Precipitation on to land and roofs 
(Council Directive 76/464, Art. 1(2)(d)) 
I - 6355 
SUMMARY — CASE C-231/97 
The term 'discharge' in Article 1(2)(d) of 
Directive 76/464 on pollution caused by 
certain dangerous substances discharged 
into the aquatic environment of the Com­
munity must be interpreted as covering the 
emission of contaminated steam which is 
precipitated on to surface water. The dis­
tance between those waters and the place of 
emission of the contaminated steam is 
relevant only for the purpose of determin­
ing whether the pollution of the waters 
cannot be regarded as foreseeable accord­
ing to general experience, so that the 
pollution is not attributable to the person 
causing the steam. 
The term 'discharge' must also be inter­
preted as covering the emission of con­
taminated steam which is first precipitated 
on to land and roofs and then reaches the 
surface water via a storm drain. It is not 
material in this respect whether the drain in 
question belongs to the establishment con­
cerned or to a third party. 
I - 6356