Judgment_paragraph 58 · Ministero dell'Ambiente e della Tutela del Territorio e del Mare and Others v Fipa Group srl and Others (C-534/13)

58In that regard, it should be borne in mind that, under Article 8(3)(a) of Directive 2004/35, read in conjunction with recital 20 thereto, the operator is not required to bear the costs of preventive or remedial action taken pursuant to that directive if he can prove that the environmental damage was caused by a third party, and occurred despite the fact that appropriate safety measures were in place, or resulted from an order or instruction emanating from a public authority (see, to that effect, judgment in ERG and Others, EU:C:2010:126, paragraph 67 and the case-law cited, and order in Buzzi Unicem and Others, EU:C:2010:129, paragraph 46).