Pollution of a stream by hydrocarbons originating from the plaintiff’s property led the defendant, the Mayor of the Municipality of Grez-Doiceau to issue an order requesting the plaintiff to carry out the necessary works in order to stop the pollution.
The plaintiff brought an action before the Conseil d’Etat against this order. According to the applicant, the municipality of the Walloon Region was not the competent authority to issue the order.
The Conseil d’Etat followed the applicant’s argument and cancelled the decision on the basis that the Mayor is entitled to issue administrative police measures pursuant to his general police powers or when being empowered to do so by a special police authority.
In the present case, the Mayor was not competent to issue a decision aimed at stopping the contamination of a stream as the government of the Walloon Region, which is the special police on the prevention of surface water pollution’s authority, did not request him to take such measure. The Mayor was neither entitled to issue such a decision in accordance with his general police powers.