French
In this case, the plaintiff is challenging an ordonnance allowing a real estate company to build a new building on a beach along the seaside.
The plaintiff challenged the ordonnance in front of the Supreme Tribunal of Monaco on the basis that the ordonnance did not respect environmental law because it had an important environmental impact on the sea and the coastal ecosystems. The Tribunal followed the reasoning of the plaintiff as it noted that the ordonnance was not in line with the Environmental legislation and with the Code of the Sea which required an environmental impact assessment to be conducted by the promoter of the project. The tribunal considered that the document provided by the defendant was purely formal and was not a proper environmental impact assessment. Consequently, with regard to the fact that the projected construction site was supposed to be built in the middle of one of the latest site of particular natural character, the tribunal decided to cancel the ordonnance granting a construction permit to protect the coastal ecosystems.