In this case, the plaintiff is a collective of mayors challenging the decision of the Ministry of Environment granting a licence authorizing a company to build and exploit a recycling plant equipped with an incinerator.

The plaintiff complains that the impact on the environment resulting from the noise and the odour pollution was not taken into account. In a previous decision of the court, the plaintiff proved to the court that no environmental impact assessment had been done before the Ministry took its decision which led the court to required experts to conduct a global assessment of the environmental impact of the project. The result of this assessment is that the projected plant will create nuisances going beyond normal standards.

Consequently, the plaintiff challenged the decision of the Ministry of Environment allowing the recycling plant on the basis that it was taken without the Ministry having all the information on the impact that the plant would have on the environment and on the inhabitants. The tribunal followed the argumentation of the plaintiff and cancelled the contested decision.