Appréciation de la prescription trentenaire en matière d'installations classées

Assessment of the thirty-year prescription for classified installations

by gmorales on 22 May 2013 | Category: Public Law
Appréciation de la prescription trentenaire en matière d'installations classées Appréciation de la prescription trentenaire en matière d'installations classées

Assessment of the thirty-year prescription for classified installations

Rule n ° 1:

The Council of State has enshrined the principle of the thirty-year prescription for the refurbishment of classified installations that have ceased to be exploited with the Aluisse-Lonza France judgment (EC, Ass, July 8, 2005, Req. 247 976).
That judgment also stated that this requirement had no effect on the Prefect's special police powers in this area.

Rule n ° 2:

If the rules of prescription of the Civil Code were modified by the law of June 17, 2008, the Council of State highlighted in this new judgment that the law remained ineffective on the limitation period of the action against the former owner in the matter of installation classified on the exercise by the administrative authority of the powers of special police conferred by the law in the presence of dangers or disadvantages appearing on the site where was exploited such installation.