In this case, the plaintiff is a French village neighbouring the city-state of Monaco. The plaintiff challenged an ordonnance from the State of Monaco changing the urban plan in order to allow the construction of a building located at the border between Monaco and the territory of the plaintiff.

The plaintiff challenged the ordonnance in front of the Supreme Tribunal of Monaco on the basis that the ordonnance was not in line with international environmental law as it allowed the construction of a new building without prior environmental impact assessment (EIA). The plaintiff also points out that he was not consulted and that the construction will have a negative environmental impact not only within Monegasque territory but also on its side of the border. The Tribunal, while recognizing that Monaco is bound by international law and general principle of international law to produce an EIA before taking any actions that could have an impact on the environment, did not cancel the ordonnance. Indeed, the Tribunal considered that the general principle of international law on EIA as defined by the ICJ in the paper mills case was not applicable to urban planning decision. Also from a procedural point of view, the Tribunal held that under Monegasque constitutional law, foreigners are not entitled to challenge regulatory acts. Therefore, the Tribunal dismissed the appeal.