In this case, the appellant requested the court to cancel the financial compensation based on the moral damages of an environmental contamination resulting from his activities. His claim was supported by several testimonies proving that the no one can smell the foul odours resulting from the contaminations. Therefore, the appellant claims that no moral damages could be claimed because the contamination was not apparent.

The court answer that the constitution and several human rights instrument state that there is an obligation to preserve the environment from any damages and contaminations and provide a right for the people to have a healthy environment. This right is a collective right and cannot be renounced. Therefore, the moral damages are justified even if the contamination is not apparent and if some people claim that they do not feel it.