Décision judiciaire de Raad van State, 11 mai 2021
Date de Résolution | 11 mai 2021 |
Juridiction | Nietigverklaring |
Nature | Arrest |
Aangezien bestraalde splijtstof van de kerncentrale op regelmatige basis wordt overgebracht naar de opwerkingsfabriek, kan niet worden uitgesloten dat de verzoekende partij uit de gebeurlijke nietigverklaring van de bestreden overbrengingsvergunning, ook al is de geldigheidsduur ervan verstreken, een principieel voordeel kan halen. Ook moet er over gewaakt worden dat vergunningen met een beperkte geldigheidsduur volledig aan de wettigheidscontrole van de RvS zouden ontsnappen doordat de toepasselijke procedureregels voor het instellen en de behandeling van een beroep tot nietigverklaring meebrengen dat het geschil ten gronde niet kan worden beslecht vóór het verstrijken van de vergunning. In voorliggend geval moet het belang bij het beroep tot nietigverklaring dan ook met de nodige soepelheid worden beoordeeld.
De wettelijk...
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