Data source
Date of text
03 Jun 2008
Country
Seat of court
Monaco
Original language

French

Type of text
National - higher court
Court name
Tribunal Supreme de Monaco
Justice(s)
N/A
Sources
InforMEA
Keywords
coastal ecosystem, protected area, spatial planning, urban planning

In this case, the plaintiff is challenging an ordonnance allowing a real estate company to build a new apartment building on a park along the seaside.

The plaintiff challenged the ordonnance in front of the Supreme Tribunal of Monaco on the basis that the ordonnance does not respect environmental law because of its environmental impact on the sea and the coastal ecosystems. The Tribunal followed the reasoning of the plaintiff as it noted that the ordonnance was not in line with the Sea code which states that there should be a consultation of the Sea Advisory Body before allowing any work to take place where they could impact marine and coastal ecosystems. At the same time, the court considered that the change in the land use planning made by this ordonnance was also violating  the 1959 Ordonnance-loi 674 which states that parks are protected and have to remain within the city even when they do not have any public uses. Finally, the judges of the tribunal considered that the environmental damages cost by the building work such as the wastes water runoff was too high to allow it. Consequently, the Tribunal cancelled the ordonnance and forbad any building work to take place in the park.