Syndicat des copropriétaires de l’immeuble « le Sardanapale »
In this case, the plaintiff is the owner of a land lot impacted by an ordonnance creating an urban protected area. The creation of this urban protected area has for consequences to restrict the building rights of the plaintiff on her land lot.

The plaintiff sued the Monegasque administration on the basis that the creation of the urban protected area is detrimental to her because she cannot build the projected building for which she had a construction permit. In that case, the court did not have to discuss the legality of the ordonnance but if the plaintiff was entitle to some compensation for the loss of some of her building rights on the land. The first instance court and the court of appeal considered that the Monegasque administration was in its right and had followed the administrative procedure required in those cases. Consequently, they dismissed the request of the plaintiff.

Finally, the plaintiff sought an appeal in front of the Supreme Tribunal. The judges of the Supreme Tribunal dismissed the appeal of the plaintiff because they considered that if there might be a right to compensation due to a legal decision, they were not competent to grant compensation damages in that case because the ordonnance was legal and they could just grant compensation for cases where the normative act was not legal. As a result, they stated that the case needed to be taken by a civil court.