2016
June (26)
Where no English version exists, the Dutch and French versions are offered next to the PDF link; the PDF link itself opens the Dutch version.
30/06/2016
If a person whose property is being expropriated has himself polluted the plot concerned, the Court which has to determine the provisional compensation for expropriation may take account of the costs of cleaning up the site.However, if the person whose property is expropriated did not cause the pollution and is not under an obligation to clean up the site, under Article 16 of the Constitution, the Court may not deduct the costs for cleaning up the site when determining the provisional compensation for expropriation.
Environment, protection, environmental threat / Environment, polluted site, clean-up, costs / Property rights, restrictions / Expropriation, compensation, clean-up, costs / Expropriation, polluted site, clean-up, costs / Property rights, polluted site.
Cause list number: 6255
Fundamental Rights - Civil and political rights - Right to property - Expropriation / Other limitations.Fundamental Rights - Collective rights - Right to the environment.