Car repair – practice of a disturbing profession – no authorization – warning – health protection, cleanliness, public calm and the environment – practice of administrative police.

If it is established from the case documents that the appellee practices in his shop a profession of car repair in a residential neighborhood without authorization, and that he received a warning to stop the activity sent by the head of the communal council and does not comply. The president of the council based its decision on the article 50 of law number 78.00 regarding the communal pact that allow him to practice “the competence of administrative police in the field of protecting health, guarantying cleanliness, and public calmness…” including “control of unregulated commercial and professional activities that might affect health protection, cleanliness… and public calmness or harm the environment…” and that the profession of car repair in a residential neighborhood is in itself disturbing and harming the surrounding environment and thus the court’s decision was right and must be supported.

Decision confirmed