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0009-000100/2014

Country/Territory
Uruguay
Type of court
National - higher court
Date
May 28, 2014
Source
UNEP, InforMEA
Court name
Tribunal de Apelaciones en lo Civil de 4ºTº
Seat of court
Montevideo
Judge
Dra. Ana Maria Maggi Silva Dras. Graciela Susana Gatti Santana, Dr. Eduardo Julio Turell Araquistain
Reference number
0009-000100/2014
Language
Spanish
Subject
Land & soil
Keyword
Sustainable development
Abstract

A case concerning the environmental impacts of equestrian activities periodically taking place in Bello Horizonte and Guazubira Nuevo in the Department of Canelones.

 

The Public Prosecutor required the prohibition of those equestrian activities because they result in mobilisations that have a negative environmental impact on the beaches and coasts where they take place. Also, those activities were not integrated into the land use plan as required by the 2008 land use planning act.

 

But the Court of Appeal stated that both precautionary and preventive principle require to be applied that potentials danger for health and environment are clearly identified which is not the case here as the linkage between equestrian activities and the damages on the beaches and the coasts is not clearly established. Therefore the court dismissed the appeal.

Full text
DFA-0009-000221 2014.pdf
hojaInsumo2.seam