Original language
French
Country
Belgium
Date of text
Sources
Court name
Conseil d'Etat
Seat of court
Brussels
Reference number
85836
Files
Justice(s)
M. Leroy
Abstract
This case addressed the application of the precautionary principle in the situation of mobile telephone antennas. The applicant asked the suspension of building permit for mobile telephone antennas in the framework of emergency interim proceeding.
The judge decided that the conditions of suspension are fulfilled. There is a plausible risk of damage and risk of serious loss which is difficult to make good. The presence of electromagnectic waves constitutes a serious risk for the right to an healthy environment and the protection of the health (art.23 Constitution).
Consequently the judge decided the supension of the building permit.