ECJ Jurisdiction Over PFAS Matters
The European Court of Justice (ECJ) has jurisdiction over disputes involving EU environmental law, including REACH regulations, the Water Framework Directive, and member state implementation obligations. ECJ decisions on PFAS-related matters create precedents that apply across all EU member states and influence national courts interpreting EU environmental law in domestic PFAS cases.
The Water Framework Directive requires member states to achieve ‘good chemical status’ in surface waters, which increasingly includes PFAS as priority substances are updated. Member states that fail to implement adequate PFAS monitoring, remediation, and prevention measures risk infringement proceedings before the ECJ brought by the European Commission.
National Court Decisions Shaping PFAS Law
In Italy, the criminal prosecution of Miteni executives for environmental disaster in the Veneto PFAS contamination case resulted in convictions that established important precedents for corporate criminal liability for PFAS contamination in EU member states. The Italian proceedings demonstrated that PFAS contamination can meet the legal threshold for ‘environmental disaster’ under national criminal law.
Dutch courts have heard cases against 3M and DuPont/Chemours for PFAS contamination of the Dordrecht area, resulting in orders for investigation and remediation. The Netherlands — which hosts the Dordrecht PFAS manufacturing site that contaminated the Rhine delta — has been at the forefront of European PFAS litigation.
REACH Enforcement and Member State Obligations
EU member states are responsible for enforcing REACH restrictions on PFAS in products within their territories. National chemicals agencies conduct market surveillance and product testing to verify compliance with existing PFAS restrictions. The proposed universal PFAS restriction, once adopted, will require significantly enhanced enforcement capacity across all member states.
The European Chemicals Agency assists member states with REACH enforcement coordination, including organizing joint enforcement projects targeting PFAS-containing products. Consistent enforcement across member states is essential to prevent regulatory arbitrage where manufacturers circumvent restrictions by targeting markets in less strictly enforcing countries.