French
This case concerned the application of the precautionary principle. In this case, the claimant requested the suspension of a building permit for a section of road.
They claimed that the building permit does not comply with articles 2, 12, §2 and 13 of Decree of 11 September 1985 on environmental impact assessment because the impact assessment study did not consider every propositions suggested by the population during the public consultation period. They claimed that the right to an healthy environment (art.23 Constitution) could be affected.
The judge decided that the risks of damage alleged (expropriation risk, increase of traffic flow, scission of a village, increase of traffic speed, pollution caused by noise and gas emissions) to suspend the building permit are serious because they affect the applicants' quality of life and could affect their health.
Therefore it also affect the right to an healthy environment protected by the Constitution (art.23 Constitution).
Consequently the judge decided to suspend the building permit.