Original language

Spanish

Country
Uruguay
Date of text
Type of court
National - higher court
Sources
Court name
Tribunal de Apelaciones en lo Civil de 4ºTº
Seat of court
Montevideo
Reference number
0009-000100/2014
Tagging
Civil, Damages
Free tags
Land & soil
Justice(s)
Dra. Ana Maria Maggi Silva Dras. Graciela Susana Gatti Santana, Dr. Eduardo Julio Turell Araquistain
Abstract

A case concerning the environmental impacts of equestrian activities periodically taking place in Bello Horizonte and Guazubira Nuevo in the Department of Canelones.

 

The Public Prosecutor required the prohibition of those equestrian activities because they result in mobilisations that have a negative environmental impact on the beaches and coasts where they take place. Also, those activities were not integrated into the land use plan as required by the 2008 land use planning act.

 

But the Court of Appeal stated that both precautionary and preventive principle require to be applied that potentials danger for health and environment are clearly identified which is not the case here as the linkage between equestrian activities and the damages on the beaches and the coasts is not clearly established. Therefore the court dismissed the appeal.