Sztancs, Edit2021-06-282021-06-282013-07-30Debreceni Jogi Műhely, Évf. 10 szám 3 (2013) , 89-1061787-775Xhttps://hdl.handle.net/2437/318184The polluter pays principle is one of the basic principles of international environmental law mentioned directly firstly only in 1972, however the principle were declared in 1929 in the well-known Trail Smelter Case. The polluter pays is an economical principle, and in the meaning of this principle the costs of pollution shall be shared between industrial companies and consumers. Taking into consideration that after applying this principle price of products will be higher than before, industrial companies shall reduce their pollution in the interest of their (and their products’) competitiveness. Seeing the development of the principle in EU level, the polluter pays were mentioned first time in the first „programme of action of the European Communities on the environment” adopted in 1973. However it is questionable what polluter, pollution, obligation of polluter and costs of pollution mean exactly, and for this reason this principle cannot be applied automatically. In this study I try to examine how the polluter pays principle works in the Hungarian national law, especially in the Hungarian Civil Code. For this reason I examine the applicability of Article 345 of the Hungarian Civil Code („Damages Originating from Hazardous Operations”), with special regard to the case-law of the Hungarian civil courts. I also try to introduce the possibilities and obligations of the public prosecutor in environmental issues.The polluter pays principle is one of the basic principles of international environmental law mentioned directly firstly only in 1972, however the principle were declared in 1929 in the well-known Trail Smelter Case. The polluter pays is an economical principle, and in the meaning of this principle the costs of pollution shall be shared between industrial companies and consumers. Taking into consideration that after applying this principle price of products will be higher than before, industrial companies shall reduce their pollution in the interest of their (and their products’) competitiveness. Seeing the development of the principle in EU level, the polluter pays were mentioned first time in the first „programme of action of the European Communities on the environment” adopted in 1973. However it is questionable what polluter, pollution, obligation of polluter and costs of pollution mean exactly, and for this reason this principle cannot be applied automatically. In this study I try to examine how the polluter pays principle works in the Hungarian national law, especially in the Hungarian Civil Code. For this reason I examine the applicability of Article 345 of the Hungarian Civil Code („Damages Originating from Hazardous Operations”), with special regard to the case-law of the Hungarian civil courts. I also try to introduce the possibilities and obligations of the public prosecutor in environmental issues.application/pdffolyóiratcikkOpen AccessDebreceni Jogi Műhelyhttps://doi.org/10.24169/DJM/2013/3/6Debreceni Jogi Műhely310DJM1786-5158