Data source
Date of text
05 May 2014
Country
Seat of court
Lausanne
Original language

French

Reference number
1C_544/2012
Court name
First Administrative Court of the Federal Tribunal
Justice(s)
NA
Sources
InforMEA
Keywords
Access to justice, afforestation, ecosystem approach, ecosystem management, ecosystem preservation, Ecosystem restoration, ecosystem service, mountain ecosystem, non-governmental organization, reforestation

The First Administrative Court was required by the Swiss League for the Protection of Nature to cancel a nature and landscape protection law adopted by the Parliament of the Canton of Fribourg on September the 12th, 2012.

In particular, the NGO challenged article 22 of this law which prohibits the destruction of wooded areas of ecological or landscape interest, located outside of building zones, with the exception of mountain areas. This article also provides for a specific procedure by which derogations can be granted.

The applicant criticized the lack of protection of mountain areas and the impossibility for nature protection organizations to bring action against any decision that would damage mountain areas.

The court held that the appeal was inadmissible in this case.

It considered that mountain areas fall under the general protection regime applicable to other biotopes of cantonal or local importance. In addition, according to the court, nature protection organizations can exercise under this general regime their right to challenge decisions that would have a negative impact on mountain areas.