SINE TSAGGARAKIS A.E.E. v. GREECE - 17257/13 (Judgment : Article 6 - Right to a fair trial : First Section) French Text [2019] ECHR 374 (23 May 2019)

The Fourth Section, applying the Plenary formation's ruling, found that while the application was admissible, exceptional circumstances existed in this case, so the annulment petition was dismissed.

Citation: [2019] ECHR 374
Parties: Applicant: Applicant; Respondent: Planning Authority
Jurisdiction: European Union
Judgment Date: 23 May 2019
Procedural Posture: Annulment Petition / Judgment After Remittal From Plenary Formation
Outcome: annulment petition dismissed
Legal Topics: Operating Permit, Planning Norms, Environmental Assessment, Legitimate Expectation, Stability of Administrative Situations, Judicial Review

Administrative Law Environmental Law Operating Permit Planning Norms Environmental Assessment Legitimate Expectation Stability of Administrative Situations Judicial Review

Case Brief

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Parties

Applicant

Planning Authority

Respondent

Procedural Posture

Annulment Petition / Judgment After Remittal From Plenary Formation

Legal Issues

1 Whether a planning authority must conduct a new assessment of planning and environmental norms at the operating permit stage
2 Whether failure to conduct such assessment renders the operating permit unlawful
3 Whether divergent case law between sections of the Conseil d'Etat constitutes a breach of Article 6 § 1 of the Convention

Ratio Decidendi

The Fourth Section, applying the Plenary formation's ruling, found that while the application was admissible, exceptional circumstances existed in this case, so the annulment petition was dismissed.

Court Disposition

annulment petition dismissed