A.S.B.L. Inter Environnement Wallonie et Al v. State of Belgium
Reference :
127.990
Complaint date :
February 26, 1994
Status :
Final judgment
Place of jurisdiction :
Belgium, Brussels
Plaintiffs types :
Environmental NGOs
Plaintiffs names :
A.S.B.L. Inter Environnement Wallonie, A.S.B.L. Bond Beter Leefmilieu Vlaanderen, A.S.B.L. Brusselse Raad voor het Leefmilieu
Defendants :
State
Lawyers for Health and Environmental Justice :
Jacques Sambon
Case nature :
Administrative
Type(s), Product(s), Active substance(s) :
Other
Requests :
Cancellation of articles 5 and 6 of the Royal Decree of December 23, 1993 concerning the exemption from the ecotax due on plant protection products and pesticides.
Name of the Court :
Council of State of Brussels, Belgium
Jurisdiction level :
Decision date :
February 10, 2004
Decision nature :
Partially Positive
Decision content :
The request is partially rejected.
Legal basis :
No description
Court Ruling :
No description
Summary :
On February 10, 2004, the Council of State considered that article 5 of the said decree was in conformity with article 382, paragraphs 1 and 2, of the law of July 16, 1993. Nevertheless, as regards article 6 of the said decree, the judge considers that article 6 does not comply with article 382, paragraph 1 and 3, of the law of July 16, 1993. Indeed, it must specify that the exemption from the ecotax can only apply to preparations and substances present in products falling within the six categories referred to that have been specially authorized for the fight against merula.
Scientific references :
No scientifice reference for this case.