Questione giuridica chiave
Whether the oil leak created a concrete danger of water pollution under Art. 6 and Art. 70 GSchG.
Decisione estratta
Yes. Once a large amount of oil entered the soil in a groundwater zone, there was a concrete danger; the fact that the tanker driver prevented actual pollution did not negate the danger.
Motivazione estratta
Concrete danger exists when pollution is likely or near at hand. At the moment the oil entered the ground, the groundwater was concretely endangered; later intervention only prevented the harmful result, not the already existing danger.