Original language

Spanish

Country
Uruguay
Date of text
Type of court
National - higher court
Sources
InforMEA
Court name
Tribunal de Apelaciones en lo Civil de 6ºTº
Seat of court
Montevideo
Reference number
212/2012
Tagging
Civil, Damages, Liability
Free tags
Land & soil
Files
Sentencia Nº 212 2012.pdf
Justice(s)
Dra. Elena MARTÍNEZ, Dra. Selva Anabella KLETT FERNANDEZ, Dr. Felipe Javier HOUNIE SANCHEZ
Abstract

A case concerning the liability of the authorities due to their inaction in fighting the erosion caused by the river in the city of la Floresta.

 

The plaintiff argued that the Ministry of the Environment, the Ministry of the Transport and the Municipality were liable for the damages caused by the erosion because they did not take any appropriate measures to protect the coastal landscape, urban infrastructures and houses neighbouring the river and the estuary, even a technical report realised in 2000 highlighted the importance of taking such protection measures.

 

The court recognized the responsibility of the Ministry of the Environment and of the Municipality but not the one of the ministry of the Transport because it was not considered to have competency in that matter. The court condemned the Ministry of the Environment and the Municipality to financially compensate the owners of damaged buildings, and to engage into public work to rehabilitate the streets, houses and public utilities that have been damaged by the erosion.