3. Identify the cases in which civil liability may be called into question

3.1 In the presence of a contract

The victim of pollution may be bound to the polluter by a contract. For example, after the sale of the land on which an ICPE was operated, pollution of the subsoil is discovered.

In this case, the victim of the pollution can invoke the civil liability of his co-contractor and claim the damage he has suffered as a result of the performance or improper performance of the contract.

The respondent's fault may result from :

• the absence of information provided at the time of conclusion of the contract ;

• a defect in consent ;

• a hidden defect.