Questão jurídica principal
Whether H. could be charged as a causative party for the cleanup and emergency costs under Art. 54 GSchG.
Decisão extraída
Yes. H. was properly treated as both a conduct-causer and a condition-causer because of inadequate control and maintenance of the installation.
Fundamentação extraída
Art. 54 GSchG allows recovery of measures taken to avert imminent danger and to remedy damage. The court applied established storer doctrine: fault is unnecessary, and multiple causative parties must bear costs according to their respective contribution.