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Recours formé contre des décisions du Ministre de l'Environnement et du Ministre du Travail et de l'Emploi en matière d'établissements classés et de protection de l'environnement

Country
Luxembourg
Type of court
National - higher court
Date
Apr 29, 2016
Source
UNEP, InforMEA
Reference number
13098
Language
French
Abstract

In this case, the plaintiff is a collective of mayors challenging the decisions of the Ministry of Environment and of the Ministry of Labour granting a licence authorizing a company to build an open dump in a protected area next to their villages.

The plaintiff complains that the impact on the environment resulting from open dump was not taken into consideration by the ministries of Environment and Labour when they took their decision because no Environmental Impact Assessment (EIA) was joined to the permit demand. Consequently, the plaintiff challenged the decisions of both the Ministry of Environment and the Ministry of Labour on the motifs that they were delivered despite the fact that the demands did not respect the environmental procedure because of the absence of EIA and are located in a protected area.

The Tribunal considered that the decision to build an open dump in a protected area does not constitute any irregularity because the construction of the dump is compatible with the objectives of conservation of the nature stated by the law on protected areas. However, the tribunal held that the same law requires that the impact on the environment needs to be assessed, which was not the case here because no environmental impact assessment took place. As a result, the tribunal cancelled the two decisions.