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Syndicat mixte de la vallée de l'Oise-Commune de Fresnières- Communauté de communes du pays des sources

Country/Territory
France
Type of court
National - higher court
Date
Nov 26, 2008
Source
UNEP, InforMEA
Court name
Conseil d'Etat
Seat of court
Paris
Judge
MARTIN
Reference number
301151
Language
French
Subject
Waste & hazardous substances
Abstract

The Conseil d’Etat is asked to cancel the judgment or the administrative appeal court that revoke the authorization to exploit a treatment or disposal center for waste. The classified facility for environmental protection was located on a land that contains remains of soldiers from the First World War.

The claimant argued that the facility violated the principle of respect for human dignity and that the environmental impact assessment was not carried out regularly. The Court ruled that the principle of respect for human dignity was respected because the land is not classified as a specific land and an order set additional obligations in if any remains of soldiers are found. However, as the previous judgment does not mention the lawyer’s oral submissions, the judgment is cancelled.

Full text
Conseil_d_État_6ème_et_1ère_sous-sections_réunies_26_11_2008_301151_Publié_au_recueil_Lebon.pdf