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Communauté d'Agglomération of Montpellier

Country/Territory
France
Type of court
National - higher court
Date
Sep 27, 2006
Source
UNEP, InforMEA
Court name
Conseil d'Etat
Seat of court
Paris
Judge
GENEVOIS
Reference number
269553
Language
French
Subject
Waste & hazardous substances
Abstract

The Conseil d’Etat is asked to cancel the judgment of the Administrative Court of Appeal that cancel the decision of 31 December 2012 according to which the executive authority has granted the authorization to the Communauté d’agglomération of Montpellier to exploit, until the 31th December 2006, a center of waste storage.  

Pursuant to article 24 of Decree of 21th September 1977 on classified installation for the environment (L.512-19 of the Environmental Code), the validity period of the authorization to exploit a center of waste storage for waste domestic sources can be limited to the fact that the center is unexploited. When an installation is not exploited during three following years, the Prefect can give official notice to the operator to stop the center.
The Administrative Appeal Court judged that if a center of waste storage stopped to function for a certain period of years on one part of the plot, it leads to its termination.  On the contrary, the Conseil d’Etat ruled that, apart from the cases where work will be undertake in the only objective to escape to the application to this rule, only a lack of full exploitation can lead to the termination of an authorization to exploit a classified installation.

Full text
Conseil_d_État_Section_du_Contentieux_27_09_2006_269553_Publié_au_recueil_Lebon.pdf