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Tribunal orders turbines removed from French countryside

This important case before le tribunal de Montpellier has resulted in a decision ordering La Compagnie du Vent to dismantle 4 of the 21-turbines sited near Névian, France. The judge also awarded damages of €500,000 to the family which brought the case to compensate for the nuisance caused and the estimated loss in value of their property, which is situated 650 meters from the nearest turbine. A rough translation of the ruling is provided below. The full ruling, in French, can be accessed by clicking the link(s) on this page.

The Tribunal, acting publicly by contradictory judgment, made available to the Registry.

Given the forensic report filed by Mr. Jacques Amiel, 8 September 2005

Said judge that the installation of 21 wind turbines park overlooking a farm field has degraded the landscape for owners residing near the project due to visual auditory disturbance resulting in a depreciation of the land value.

Said judge the wind turbines numbered 18, 19, 20, 21 are the direct cause of the most important visual and auditory impacts on the owners of Domaine de Bouquignan.

Therefore it is order that the company "La Compagnie du vent" remove turbines 18, 19, 20, 21, within on month from the issuance of this judgement under a penalty of € 1,000 per day thereafter until the turbines are taken down.

The judge orders the company "La Compagnie du vent" to compensate the plaintiffs for damages suffered and restore the Benets and others by paying € 200,000.

The judge orders the company "La Compagnie du vent" to be paid to others and the Benet, an allowance of € 228,673, value for depreciation of land in their area.

Dismisses the applicants of any other head of claim.

Orders the provisional enforcement chiefs ordered to pay damages.

The judge orders the company "La Compagnie du vent" to pay to others and the Benet the sum of € 10,000 on the basis of Article 700 of the Code of Civil Procedure.

The judge orders the company "La Compagnie du vent" to pay the entire costs of the proceeding, including the costs of legal expertise.

Tgi_montpellier_fev_2010_thumb
Tgi Montpellier Fev 2010

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Source: http://www.bruit.fr/images/...

FEB 4 2010
https://www.windaction.org/posts/41097-tribunal-orders-turbines-removed-from-french-countryside
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