Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

Association Ban Asbestos France and others

Country/Territory
France
Type of court
National - higher court
Date
Feb 15, 2006
Source
UNEP, InforMEA
Court name
Conseil d'Etat
Seat of court
Paris
Judge
STIRN
Reference number
288801
Language
French
Subject
Waste & hazardous substances
Abstract

The Conseil d’Etat is asked to cancel the order of 30 December 2005 according to which the judge has rejected the request to suspend the authorization to export the aircraft carrier Clemenceau, that was composed of asbestos, in India.
The claimants argued that European Regulation n°259/93 on the suspension and control of shipments of waste into and out of the Community can apply in this case. According to this regulation, exporting waste to dispose of it is strictly forbidden. The Conseil d’Etat qualified the aircraft carrier as a waste, even if it was partially intended for economic purposes.  Thus, by relying on the infringement of Community law, the Conseil d’Etat suspended the decision to export the aircraft carrier.

Full text
Conseil_d_État_6ème_et_1ère_sous-sections_réunies_15_02_2006_288801_Publié_au_recueil_Lebon.pdf