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Title:
208297
Party:
France
Region:
Europe
Type of document:
National - higher court
Date of text:
June 23, 2004
Data source:
InforMEA
Court name:
Conseil d'Etat
Seat of court:
Paris
Justice(s):
STIRN
Reference number:
208297
ECOLEX subject(s):
Wild species & ecosystems
Forestry
Abstract:

In this case the Conseil d'Etat specifies the way to apply conditions of classification of an area as natural reserve. An association required the rescind of the Decree of 15 May 1974 classifying as natural reserves some areas located around the Ecrins National Park. The request of the association is rejected.

The Conseil d’Etat states that the administration has, for the management of nature reserves, broad powers to adapt its action to the devolvement of factual circumstances. The administration has the possibility to decommission a reserve which is not justified anymore according to article L.242-10 of Rural Code and L.332-10 of Environmental Code.

Then it ruled that it is only mandatory to initiate such a procedure in the case where factual circumstances transformed features of the area to an extent where it had the effect of removing the basis of the initial classification.

Consequently, the Conseil d'Etat rejects the request of the association.