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World Cars Import

Country/Territory
Peru
Type of court
National - higher court
Date
Aug 27, 2008
Source
UNEP, InforMEA
Court name
Tribunal constitucional
Seat of court
Lima
Judge
CALLE HAYEN, ETO CRUZ, ÁLVAREZ MIRANDA, MESÍA RAMÍREZ, VERGARA GOTELLI, LANDA ARROYO, BEAUMONT CALLIRGOS
Reference number
EXP. No 03610-2008-PA/TC
Language
Spanish
Abstract

The plaintiff, a car importer, challenges in front of the constitutional court a series of decrees on environmental measures that would prevent him from importing used cars. Those decrees provide several environmental restrictions on the importation of car such as the prohibition of transport vehicles that are more than 8 years old instead of the current 30 years old limit.

 

The plaintiff argues that those measures cannot be applied to vehicles that he already imported but not sold because it would violate the principle of non- retroactivity of the law, which states that a law can only be effective for events taking place after its promulgation but not before.

He also argued that those measures are disproportionate compare to the environmental gain and that it was a restriction of his freedom of trade. 

 

The court considered that the principle of retroactivity of the law does not imply that the law applies only for the future. On the contrary, the law cannot be applied to past event but has an effect on the present juridical situation. Therefore, it applies to vehicles bought before the promulgation of the new regulations.

The court also pointed out that those old used vehicles presented a danger for both road safeties, as they are involved in important part of car accidents, and for the environment because they are often sources of air pollution.

Consequently, the court ruled that the violation of the freedom of trade was proportionate because it was a necessary measure to protect both the society and the environment. Thus, the plaintiff request was dismissed.

Full text
WORLD CARS IMPORT.pdf