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Title:
Syndicat mixte de la vallée de l'Oise-Commune de Fresnières- Communauté de communes du pays des sources
Party:
France
Region:
Europe
Type of document:
National - higher court
Date of text:
November 26, 2008
Data source:
InforMEA
Court name:
Conseil d'Etat
Seat of court:
Paris
Justice(s):
MARTIN
Reference number:
301151
ECOLEX subject(s):
Waste & hazardous substances
Abstract:

The Conseil d’Etat is asked to cancel the judgment or the administrative appeal court that revoke the authorization to exploit a treatment or disposal center for waste. The classified facility for environmental protection was located on a land that contains remains of soldiers from the First World War.

The claimant argued that the facility violated the principle of respect for human dignity and that the environmental impact assessment was not carried out regularly. The Court ruled that the principle of respect for human dignity was respected because the land is not classified as a specific land and an order set additional obligations in if any remains of soldiers are found. However, as the previous judgment does not mention the lawyer’s oral submissions, the judgment is cancelled.