40Consequently, since Article 191(2) TFEU, which establishes the ‘polluter pays’ principle, is directed at action at EU level, that provision cannot be relied on as such by individuals in order to exclude the application of national legislation — such as that at issue in the main proceedings — in an area covered by environmental policy for which there is no EU legislation adopted on the basis of Article 192 TFEU that specifically covers the situation in question (see judgments in ERG and Others, EU:C:2010:126, paragraph 46; ERG and Others, EU:C:2010:127, paragraph 39; and order in Buzzi Unicem and Others, EU:C:2010:129, paragraph 36).
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