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Société Casuca

Country/Territory
France
Type of court
National - higher court
Date
May 14, 2014
Source
UNEP, InforMEA
Court name
Conseil constitutionnel
Seat of court
Paris
Judge
Jean-Louis DEBRÉ, Claire BAZY MALAURIE, Nicole BELLOUBET, Guy CANIVET, Michel CHARASSE, Renaud DENOIX de SAINT MARC, Hubert HAENEL et Nicole MAESTRACCI
Reference number
2014-394 QPC
Language
French
Subject
Land & soil
Keyword
Resource/damage valuation Management/conservation
Abstract

The Constitutional Council is asked to review the constitutionality of articles 671 and 672 of the Civil Code. Articles 671 and 672 provide conditions and limits to plant trees and shrubs closed to a neighbouring property. These rules prohibit the presence of trees and shrubs closed to the neighbouring property within a certain distance limit.  They also allow the neighbour to cut or grub up all or part of the trees located closed to the border of the plot that do not comply with this distance without the necessity to prove a damage

The claimant argued that these provisions violated the Preamble of the Charter for the Environment, its articles 1 to 4 (rights to an healthy environement, obligation to preserve the environment, repair damage to the environment), article 6 (promotion of sustainable development), and property right.

The Constitutional Council ruled that the Preamble does not provide for rights or freedoms. Therefore it is not possible to invoke the Preamble in the framework of the priority preliminary ruling on constitutionality. These provisions apply without prejudice of rules on the protection of the environment (article L.130-1 of Urban Planning Law Code). The possibility to cut of grub up trees and shrubs cannot have negative impact on the environment. Therefore, the provisions do not violate the Charter for the Environment. As the violation of the property rights, this argument is also rejected. Consequently, the Constitutional Council ruled that these provisions are constitutional.

Full text
cc2014394qpc.pdf