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Sentencia Nº 492 /2010

Country/Territory
Uruguay
Type of court
National - higher court
Date
Aug 11, 2010
Source
UNEP, InforMEA
Court name
Tribunal de Apelaciones en lo Civil de 5ºTº
Seat of court
Montevideo
Judge
Dra. Sandra Ignacia PRESA BAYCE, Dra. Beatriz Anita FIORENTINO FERREIRO, Dr. Luis Maria SIMON OLIVERA
Reference number
492/2010
Language
Spanish
Subject
Legal questions, Environment gen.
Abstract

A case concerning the installation of a street lighting network in the resort Barra de Valizas.

 

The public prosecutor required the court to issue on order forcing the Ministry of Environment to carry out an environmental impact assessment in accordance to the law No 16.466 to assess the damages of the new lighting network on the environment.

The lower court followed the argument of the public prosecutor and gave a 40 days delay to the Ministry of Environment to proceed.

 

But the Appeal Court rescinded the court order issued by the lower court as it considered that street lighting networks are not part of those cases where an environmental impact assessment is necessary as provided by the law and its application decree.

Therefore, the court considered that the law must be strictly interpreted.

Full text
SENTENCIA Nº 492 2010.pdf
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