Ecolex Logo
The gateway to
environmental law
Search results » Jurisprudence

Vanderputten

Country/Territory
Belgium
Type of court
National - higher court
Date
Sep 18, 2003
Source
UNEP, InforMEA
Court name
Conseil d'Etat
Seat of court
Brussels
Judge
Hanotiau
Reference number
123057
Language
French
Subject
Legal questions, Environment gen.
Keyword
Public participation
Abstract

This case concerned the elements of the right to an healthy environment (article 23 Constitution).  The claimants sought the annulment of an decision granting a building permit for a woodworking workshop. The claimants argued that they should have been consulted in the framework of this decision.

The Conseil d'Etat stated that the right to an healthy environment includes the right to take part to environmental management and the opportunity to make its view known.

It declared that interested third parties, in this case citizens living close to the project who I have lodged appeals against the decision, must be considered as parties. Consequently they must be invited to appear during the hearing. Given the fact that these third parties were not consulted, the right to an healthy environment was violated.

Consequently the Conseil d'Etat annulled the decision.

Full text
CE Belgium, 18 September 2003, n°123.057.pdf
123057.pdf