Original language

French

Country
France
Date of text
Type of court
National - higher court
Sources
Court name
Cour de cassation
Seat of court
Paris
Reference number
13-85406
Tagging
Criminal, Prevention, Liability, Taxation, Torts, Civil, Inspections, Administrative
Free tags
Waste & hazardous substances
Justice(s)
GUERIN
Abstract

The Cour de Cassation is asked to review the appeal court's decision  which condemned two companies for the illegal exploitation of a waste storage facility. From 2004 to 2007, 80 000 tons of bottoms ashes were dumped in the landfills. The tribunal and the court of appeal recognized the criminal liability of the societies.

The applicants argued that there were a violation of the right of the defense, a wrong application of the provisions on the offence to exploit a facility classified for environmental protection without authorization (L.514-9 Environmental Code) and on the abuse of forgery.
The Court of Cassation confirmed the condemnation for exploitation of a facility classified for environmental protection without authorization and for abuse of forgery. It also upheld the discharge for groundwater pollution.