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208297

Country/Territory
France
Type of court
National - higher court
Date
Jun 23, 2004
Source
UNEP, InforMEA
Court name
Conseil d'Etat
Seat of court
Paris
Judge
STIRN
Reference number
208297
Language
French
Subject
Wild species & ecosystems, Forestry
Keyword
Management/conservation
Abstract

In this case the Conseil d'Etat specifies the way to apply conditions of classification of an area as natural reserve. An association required the rescind of the Decree of 15 May 1974 classifying as natural reserves some areas located around the Ecrins National Park. The request of the association is rejected.

The Conseil d’Etat states that the administration has, for the management of nature reserves, broad powers to adapt its action to the devolvement of factual circumstances. The administration has the possibility to decommission a reserve which is not justified anymore according to article L.242-10 of Rural Code and L.332-10 of Environmental Code.

Then it ruled that it is only mandatory to initiate such a procedure in the case where factual circumstances transformed features of the area to an extent where it had the effect of removing the basis of the initial classification.

Consequently, the Conseil d'Etat rejects the request of the association.

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