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Société Groupe Pizzorno Environnement v Ministère de l'Cologie, du Développement Durable, des Transports et du Logements

Country/Territory
France
Type of court
National - higher court
Date
Nov 26, 2010
Source
UNEP, InforMEA
Court name
Conseil d'Etat
Seat of court
Paris
Reference number
331078
Language
French
Subject
Wild species & ecosystems
Abstract

The Conseil d’Etat is asked to review the decree of June 23th 2009 on the creation of the natural reserve of the plaine des Maures. The applicants sought the annulment of the decree. They argued that an appropriate environmental impact study should have precede the decree according to the legislation Natura 2000 and that the proximity of a waste disposal casted doubt on the coherence of the project.

First, the creation of a natural reserve according to L.332-3 of the Environmental Code cannot be characterized as a project according to article L.414-4 of the Environmental Code that implement Directive 92/43 of May 21th 1992 and Directive 79/409 of April 25 1979. Consequently, an environmental impact study must not have preceded the decree.
Secondly, the exclusion of lands of the natural reserve cannot call into question the consistency of the project. There is no elements that show that the exclusion of a facility for the storage of non-hazardous waste in the perimeter of the natural reserve can call into question the coherence of the project. The close vicinity of the facility does not affect the habitats and species involved in the perimeter of the natural reserve.
Consequently, the Conseil d'Etat rejected the arguments.

Full text
CE 2010 331078.pdf