The Constitutional Court rejects the annulment appeal against the Expropriation Decree

on Feb 2, 2018 in News

In its judgement of 1 February 2018 with no. 2018-012, the Constitutional Court has rejected the appeal for annulment against the Expropriation Decree (case 6756).

The Court found the appeal apparently inadmissible due to the lack of cause of action in the complaints.

The Court ruled as follows :

“The applicants’ complaints are not expressed in a coherent manner. […] Thus the Court is not able to distinguish the relevant complaints with the required accuracy and without the risk of making a mistake. The admission of such an unclear appeal would, moreover, jeopardise the adversary procedure, since the defendant would not be given the opportunity to make an appropriate defence.”

With this dismissal, there is still another annulment procedure pending (case 6757). This appeal is directed against the articles of the Expropriation Decree that provides for some of the major innovations of the Decree such as the principle of self-realisation and planological neutrality.

For more information, please contact Els Empereur.