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Bentancor Rolando Francisco Omar and Rapetti Bentancor Nibia vs Public National Education Administration

Country/Territory
Uruguay
Type of court
National - higher court
Date
Feb 26, 2007
Source
UNEP, InforMEA
Court name
Tribunal de Apelaciones en lo Civil de 3ºTº
Seat of court
Montevideo
Judge
Dr. CHALAR, Dra. ROSSI, Dra. ALONSO
Reference number
35/07
Language
Spanish
Subject
Legal questions, Air & atmosphere
Keyword
Resource/damage valuation
Abstract

In this case, the appellant requested the court to cancel the financial compensation based on the moral damages of an environmental contamination resulting from his activities. His claim was supported by several testimonies proving that the no one can smell the foul odours resulting from the contaminations. Therefore, the appellant claims that no moral damages could be claimed because the contamination was not apparent.

The court answer that the constitution and several human rights instrument state that there is an obligation to preserve the environment from any damages and contaminations and provide a right for the people to have a healthy environment. This right is a collective right and cannot be renounced. Therefore, the moral damages are justified even if the contamination is not apparent and if some people claim that they do not feel it.

Full text
SENTENCIA Nº 35 2007.pdf