Administrative, Jurisdiction, Property, Damages

The Plaintiffs claimed that the approvals of factory business at issue, including lanfilling of industrial waste, were unlawful and caused damange to the health of the Plaintiffs and people living nearby. The Plaintiffs requested the Administrative Court to prescribe a provisional measure.

The Administrative Court, taking into account the potential damange from landfilling of industrial waste which had no guarantee that it would not cause impact to the environment and people living nearby, prescribed a provisional measure requiring the suspension of landfilling of industrial waste, except for waste which did not cause harm, damage or troubles to people and properties nearby.

The Plaintiffs appealed requesting the measure to cover all industrial waste. The Supreme Administrative Court determined that the Plaintiffs were not within the scope of interested persons who could appeal the decision on a provisional measure. The Court therefore dismissed the request.