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Eisenberg, Rebeca y otros c/ Nortel S A

País/Territorio
Uruguay
Tipo de la corte
Nacional - corte superior
Fecha
Ene 10, 2005
Fuente
UNEP, InforMEA
Nombre del tribunal
Tribunal de Apelaciones en lo Civil de 5ºTº
Sede de la corte
Montevideo
Juez
Dr. Luis Maria SIMON, Dra. Beatriz FIORENTINO, Dra. Sandra PRESA
Número de referencia
2/2005
Idioma
Español
Materia
Cuestiones jurídicas, Aire y atmósfera
Resumen

A case concerning a preventive action against the construction of a telecommunication tower-antenna in the San Rafael district in Montevideo.

The plaintiff, a collective of local landlords and inhabitants, claimed that the tower-antenna built by the society Nortel SA will have a serious impact on the landscape and on the environment. They based their claim on article 10 of the constitution that forbids anyone to prejudice the right of a right holder and on article 47 which states that environment muss be protected. Therefore, they ask the court to stop the construction of the tower-antenna.

The defendants pointed out that the plaintiff does not have a right to sue because the tower-antenna respects the urban regulations set by the local government. Furthermore, they also stated that the preventive action was not the appropriate way to appeal the construction of the tower-antenna because the plaintiff did not exhaust all the administrative appeal possibilities.

The court ruled in favour of the plaintiffs. The judges concluded that the plaintiffs had a right to sue because they will be directly impacted by the construction of the tower antenna. They also considered that the preventive action in front of the court was an appropriate procedure to follow because the administrative appeals would have had to be based on urban regulations infringements and could not have been based on constitutional matters because the administrative authorities are not competent to assess constitutional infringements.

Texto completo
SENTENCIA Nº 2 2005.pdf