Original scientific paper
CIVIL LAW PROTECTION AGAINST HARMFUL IMISSIONS IN CONNECTION WITH ENVIRONMENTAL PROTECTION
Laura Sušac
; University of Applied Sciences “Lavoslav Ružička” in Vukovar, Croatia
*
Domagoj Rožac
; University of Applied Sciences “Lavoslav Ružička” in Vukovar, Croatia
* Corresponding author.
Abstract
This article analyses the legal framework for the protection against harmful immissions
with a special focus on environmental law. It analyses the civil remedies available under
Croatian law, including the action for injunctive relief (actio negatoria), and looks at their
practical application in preventing and remedying environmental damage. The study contrasts
national legal instruments with supranational protection mechanisms, in particular those
established by the European Court of Human Rights under Article 8 of the European
Convention. The paper highlights the interaction between property rights, neighbouring rights
and environmental obligations and emphasises the legal distinction between permissible,
excessive, direct and indirect immissions. Through a comparative analysis, the authors examine
the development of judicial interpretation, particularly in relation to the right to a healthy
environment. The paper concludes that while national law provides a structured approach to
immissions, the European framework extends protection through a dynamic interpretation,
thereby strengthening environmental rights as an essential component of human rights. The
main legal concepts are explained on the basis of case law and statutory interpretation.
Keywords
Immissions; environmental law; negatory action; civil liability; neighbouring rights;
Hrčak ID:
336779
URI
Publication date:
30.9.2025.
Visits: 128 *