Original language

French

Country
France
Date of text
Type of court
National - higher court
Sources
Court name
Conseil d'Etat
Seat of court
Paris
Reference number
125195
Tagging
Administrative, Damages
Free tags
Waste & hazardous substances
Abstract

The Conseil d’Etat is asked to review a prefectoral order requiring a society to cease to exploit its facilities classified for environmental protection in the commune of Angres. The applicant argued that this order by prohibiting the society from carrying out any activity, including activities subject to the declaratory scheme, is illegal. Therefore it asked compensation for the damage suffered.
The Court overruled the appeal court’s decision and ruled that a decision that makes any activity impossible can engage State responsibility.