Jamstvo vodnih elektrarn za okoljske škode ob poplavah

slovenian

2020

volume 46, issue 6/7

Lexpera d. o. o.
(Obvezni izvod spletne publikacije)

The main aspect of the author%s contribution is the question of "objective responsibility" of (hydroelectric) power plants regarding pollution/flood damage according to Austrian legislation and Slovenian legislation. In Austria, there is no general regulation of "objective responsibility": however, it can be found in special laws, for instance in Article 364a ABGB, by which the owner of a neighbouring property is entitled to claim damages from an operator of a regularly operating facility. In Slovenia, the legislation provides a general attitude for "objective responsibility" in Article 149 of the Obligations Code (OZ) instead. Therefore, legal comparison of legislation and legal practice in Austria and in Slovenia is a matter of the author%s professional article as well. In time of climate change, the hazard of heavy rainfalls, which may cause sudden big floods and endanger dams, rises permanently. Hydroelectric plants are not only obliged to take prompt maximal care of its impoundments and dams in order to avoid a "doubling" or an additional rise of "high waters", but to prevent additional damage especially during unavoidable "natural flood". In view of the "objective responsibility" in operating the dams, big hydroelectric plants can not easily avoid liability for damage, except in the proven case of "force majeure". But "force majeure" is hard to prove as the hazard of extreme weather and rainfall that leads to sudden flood have made the regulation of water reservoir lakes more and more risky and awkward to handle. Even without any fault of the dam operator, such hazard can lead to big (additional) damages due to emptying measures and is therefore a typical condition for "objective responsibility" of plant operators. In practice, however, court decisions condemning plant operators for "contributional flooding" remain an infrequent event in both states.

23.03.2021