The Conseil Constitutionnel is asked to review the compatibility of Article L. 112-16 of the Buildings and Dwellings Code with the rights and freedoms guaranteed by the Constitution (Charter for the Envrionment articles 1 and 4).  

According to the applicants, this provision violates the principle of liability, the right to an healthy environment (art.1 Charter for the Environment), and the obligation to repair damages caused to the environment (art.4 Charter for the Environment).
Article L. 112-16 of the Buildings and Dwellings Code prevents any person who considers that he is the victim of abnormal nuisance from neighbors from initiating a damages action on this basis against the author of the nuisances caused by an agricultural, industrial, craft, commercial or aeronautical activity if that activity, which initiated prior to their establishment, was carried out and pursued in accordance with the legislative or regulatory provisions in force and, in particular, those seeking to promote the conservation and protection of the environment. This provision does not preclude an action for damages based on this tortious act. Consequently the provision does not violate the principle of liability, nor the rights and obligations protected by the Constitution.