Original language
French
Country
Luxembourg
Date of text
Status
Decided
Type of court
National - higher court
Sources
Court name
Tribunal Administratif du Grand-Duché du Luxembourg
Seat of court
Luxembourg
Reference number
33608
Files
Link to full text
Justice(s)
M. Sünnnen; T. Kuborn; A. Castegnaro
Abstract
In this case, the plaintiff is a company who had exploited a gas station and is now asked by the Ministry of Environment to rehabilitate the site where the gas station was.
The plaintiff challenges the fact that it has been granted a six months delay to rehabilitate the site by an order of the Ministry of Environment. The plaintiff considered that the delay is not manageable due to its financial situation and to the fact that there is no immediate pollution risk. The court accepted the claim of the plaintiff and considered that the type of soil was not presenting any risk of immediate pollution and extended the delays from 3 months to 3 years.