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Titre:
12NC01893
Party:
France
Région:
Europe
Type of document:
National - higher court
Date of text:
décembre 19, 2013
Données de base:
InforMEA
Court name:
Cour administrative d'appel
Siège de la Cour:
Nancy
Justice(s):
M. PELLISSIER
Numéro de référence :
12NC01893
ECOLEX subject(s):
Espèces sauvages et écosystèmes
Résumé:

This case addresses the question of the compensation for environmental harm. The Court is asked to review the administrative tribunal's decision addressed the Prefect's decision. The prefect of Haute-Marne had issued a list of harmful protected species in 2007 and had laid down adequate procedures to hunt them. The Association for the protection of wild animals (ASPAS) claimed that it had suffered moral and ecological injuries due to the destruction of protected species and request compensation for environmental harm.

The court decided first, that the organization’s statutory goal is to protect flora, fauna and natural heritage, and more specifically the rehabilitation of wild animals and species. It stated that the Prefect had committed an error, because it decided to classify some species as harmful and authorised their destruction without the assessment of another possibilities to avoid theirs nuisances. This error had caused injury to the association. However, the Court ruled that the association could not request the establishment of the liability of the State for ecological damage, because it was not personally affected and no rules define the principle of such compensation by the State.

Consequently, the Court withdrew the judgement and specified an amount to compensate for moral injurie.