Décision judiciaire de Raad van State, 12 février 2021
| Date de Résolution | 12 février 2021 |
| Juridiction | Cassatie |
| Nature | Arrest |
Het bestreden arrest dat aanneemt dat het weerlegbaar vermoeden in art. 5.1.3, § 2,VCRO het bewijs vereist dat de constructie, met inbegrip van de erin bestaande functie, tussen 22 april 1962 en de eerste inwerkingtreding van het gewestplan, te dezen 9 november 1979, werd opgericht, kan niet leiden tot rechtsonzekerheid wat betreft de periode van tegenbewijs. Het middel dat "een contradictie in de motieven" van het bestreden arrest aanvoert en daaruit de schending van artikel 6 EVRM afleidt, is bijgevolg ongegrond.
Het voorwerp van het vermoeden van vergunning in art. 4.2.14, § 2, VCRO slaat op de constructie, meer...
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