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Titre:
Vanderputten
Party:
Belgique
Région:
Europe
Type of document:
National - higher court
Date of text:
septembre 18, 2003
Données de base:
InforMEA
Court name:
Conseil d'Etat
Siège de la Cour:
Brussels
Justice(s):
Hanotiau
Numéro de référence :
123057
ECOLEX subject(s):
Questions juridiques
Environnement gén.
Résumé:

This case concerned the elements of the right to an healthy environment (article 23 Constitution).  The claimants sought the annulment of an decision granting a building permit for a woodworking workshop. The claimants argued that they should have been consulted in the framework of this decision.

The Conseil d'Etat stated that the right to an healthy environment includes the right to take part to environmental management and the opportunity to make its view known.

It declared that interested third parties, in this case citizens living close to the project who I have lodged appeals against the decision, must be considered as parties. Consequently they must be invited to appear during the hearing. Given the fact that these third parties were not consulted, the right to an healthy environment was violated.

Consequently the Conseil d'Etat annulled the decision.