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359940

Country/Territory
France
Type of court
National - higher court
Date
Dec 30, 2013
Source
UNEP, InforMEA
Court name
Conseil d'Etat
Seat of court
Paris
Reference number
359940
Language
French
Subject
Legal questions
Abstract

This case deals with the condition of approval of an environmental association. The Conseil d’Etat ruled that an association that intervenes only indirectly for the protection of environment cannot be approved by the administrative authorities for this activity.

An association of the families of victims of lead poisoning, requested an approval as association for the protection of environment on the basis of article L.141-1 of Environmental Code. The Prefect rejected its request on the grounds that its effective activities are not principally devoted to fight against pollution and improve the quality of life. The association brought an action before the administrative tribunal. The tribunal repeal the order and instructed the prefect to reconsider the decision. The administrative appeal court withdrew this decision.

The Conseil d’Etat ruled that associations requesting approval on the basis of article L.141-1 of the Environmental Code must first, justify theirs activities in one area mentioned y this article, and secondly, work actively to improve environmental protection.

The Conseil d’Etat stated that if the association worked indirectly for the protection of environment by its actions against lead poisoning, its principal actions was to take action in the social area and in the area of public health.
As a result, as the association did not justify to act principally for the protection of environment, and the Prefect did not committed an error of law.

Full text
CE 2013 n°359940.pdf
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