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Swiss Foundation for the Protection of the Landscape and Swiss Society for the Protection of the Environment against Municipality of Corsier sur Vevey and State Council of the Canton of Vaud

Country/Territory
Switzerland
Type of court
National - higher court
Date
May 9, 1990
Source
UNEP, InforMEA
Court name
First Administrative Court of the Federal Tribunal
Seat of court
Lausanne
Reference number
116 Ib 203
Language
French
Subject
Environment gen.
Keyword
Resource/damage valuation Management/conservation
Abstract

The First Administrative Court was required by two NGOs to cancel a decision of the State Council of the Canton of Vaud allowing the Municipality of Corsier sur Vevey to change its land use plans to allow the construction of a Great Hall.

The two NGOs pointed out the construction would have a negative impact on the environment because it would require the destruction a biotope of local and regional importance and that the decision was taken despite a negative opinion of the regional forest and wildlife services.

The court accepted that those two NGOs have a standing to sue in that case. On the facts, the court considered that biotopes of local and regional importance do not fall under the same protection regime as the forest and therefore cannot be systematically protected, furthermore in such cases like the present one where the biotope is in a building area. Therefore the court dismissed the appeal.

Full text
116 Ib 203.pdf