In the "GOOGLE" case, concerning the installation of a datacenter in the municipality of Bissen, the Administrative Court rejected the appeal of the association MOUVEMENT ECOLOGIQUE a.s.b.l. by judgment dated July 1, 2021 (roll no. 43898).
Following the pleading by the defence lawyer Marc Feyereisen, representing the Commune of Bissen, the administrative judge considered the association’s appeal inadmissible in the face of the deliberation by the communal council of the Commune of Bissen, adopting a punctual modification to the General Development Plan (PAG), and vis-à-vis the decision of the Minister of the Interior approving this deliberation.
The judges held that the association's right of appeal, based on article 7 of the law of November 7, 1996, concerning the organisation of the administrative courts, should "be limited to regulatory acts that have their legal basis in the special law under which the association was approved", namely the law of August 11, 1982, concerning the protection of nature and natural resources and the laws that replaced it.
Consequently, only the appeal against the decision of the Minister of the Environment approving the modification of the PAG was declared admissible. However, the Administrative Court ruled that the contested ministerial decision was lawful, declaring the association's appeal as unfounded.