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European Observer on fundamental right's respect

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Case Law C-206/13 (06/03/2014)

Type: Judgment

Authority: European Authorities: Euopean Union' Court of Justice

Date: 03/06/2014

Subject: The Court ruled that she has no jurisdiction to answer the question referred by the Tribunale amministrativo regionale per la Sicilia. This Tribunale had asked if Article 17 of the Charter of Fundamental Rights and the principle of proportionality precluded the application of a provision of national law under which a landscape compatibility clearance may not be issued by way of retrospective regularisation in any cases where human activity has resulted in an increase in floor area and volume, regardless of whether a specific appraisal has been undertaken as to whether the activity in question is compatible with the features of the landscape of the particular site.

Parties: Cruciano Siragusa

Classification: Freedoms - Art. 17 Right to property - Solidarity - Art. 37 Environmental protection - General provisions - Art. 51 Scope

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