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A. vs Municipality of Ecublens

Country/Territory
Switzerland
Type of court
National - higher court
Date
Sep 27, 2013
Source
UNEP, InforMEA
Court name
First Administrative Court of the Federal Tribunal
Seat of court
Lausanne
Judge
NA
Reference number
1C_185/2013
Language
French
Subject
Waste & hazardous substances, Air & atmosphere
Keyword
Emission standards Air quality standards Air pollution (stationary sources)
Abstract

A. had operated for many years a coating plant in the Municipality of Ecublens. Residents of the area surrounding the plant complained about important disturbances regarding dust and odour emitted by this plant.

The cantonal authority competent for regulating air emission (the SEVEN) required the operator to comply with an emission limit value (50 mg/m3) with regard to its organic carbon emissions.

In parallel with this procedure, the Water Protection, Soils and Waste Management Office of Vaud Canton (the SESA) issued a temporary authorization to operate a waste treatment and disposal facility. This authorization required the operator to fulfil a number of obligations and conditions. In particular, the operator didn’t have the right to utilize recycled waste into the coating plant in order to reduce air emissions.

The operator requested the First Administrative court of the Federal Tribunal to quash the judgement of the Administrative Tribunal of the Canton of Vaud that confirmed the decision taken by the SESA.

According to the applicant, the decision taken by the SESA would represent an infringement of its economic freedom, a violation of the proportionality principle and would not be justified by any public interest.

The Court dismissed the appeal considering that utilization of recycled materials in the plant must comply with regulation on air protection. In that prospect, the restriction imposed by the SESA will permit to reduce air emissions.

Full text
1C 185 2013_0.pdf