ATAS/703/2004 • CJ GE ATAS/703/2004 Generato dall'IA

Governmental Entity Cannot Recover Cleanup Costs from Itself Under Statute

Numero d'incarto ATAS/703/2004

Autorità giudiziaria Cour de Justice (Cour civile) · Chambre des assurances sociales

Giurisdizione

Svizzera · Canton Ginevra (CH-GE)

Data della decisione 2004-09-13

Esito del giudizio Respinto (Dismissed)

Apri la fonte ufficiale Archivio Entscheidsuche Versione Markdown leggibile dalle macchine (.md)

Sintesi Legislator

Generato dall'IA

A governmental entity sought payment from a party for the cost of environmental cleanup activities under a statute authorizing recovery for such expenses, asserting that the party was responsible for the contamination. The court reasoned that the statute imposing liability did not define "person" to include the governmental entity itself, and since the entity was the one that initiated and executed the cleanup, it could not simultaneously be the responsible party against whom it sought recovery, therefore precluding the claim for reimbursement against itself.

Regesto Legislator

Generato dall'IA

Governmental Entity Cannot Recover Cleanup Costs from Itself Under Statute: The court reasoned that the statute imposing liability did not define "person" to include the governmental entity itself, and since the entity was the one that initiated and executed the cleanup, it could not simultaneously be the responsible party against whom it sought recovery, therefore precluding the claim for reimbursement against itself.