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Senténcia Núm. 50-2009

Country/Territory
Andorra
Type of court
National - lower court
Date
May 20, 2009
Source
UNEP, InforMEA
Court name
Tribunal Superior de Justícia
Seat of court
Andorra la Vella
Judge
Saura Lluvià L.; Andrés Pereira A.
Reference number
Núm. 50-2009
Language
Catalan
Subject
Water
Abstract

The plaintiff argued that the general administration did not take the necessary control and sanitation measures concerning the Valira river, resulting in abnormal high levels of solids and other substances in it, causing damages to the facilities of the societies.  

According to the experts, there have been breakdowns increasing deposited solids and changing the composition between mud, sands, gravel, which does not correspond to the natural dynamics of sediments: the human action origin has therefore been unequivocally proven.

However, considering the technical elements set out, the causes of the damages suffered by the plaintiffs are multiples and cannot be attributed solely to the work carried out in Andorra during the litigation period. Indeed, the plaintiffs provided no proof of the link or an element showing the existence of a possible lack of service attributable to the public administration. The Court consequently rejected the demand of the plaintiffs.

Full text
Andorra 1.pdf
2087.html
Website
www.justicia.ad