In November 2017, the mayor of Manternach granted a farmer the permission to build a farmyard and a retention basin, an authorisation he then decided to withdraw in January 2018 since the plans did not conform to the commune's general layout rules and regulations.
The man decided to appeal this decision to the administrative court in March. According to the trial judges, the municipality, in withdrawing the building permit, had not respected the time of procedure and appeal deadlines in accordance with Article 9 of the Grand-Ducal Regulation of 8 June 1979.
These impose an 8 day delay (minimum) that allows the interested party to comment and influence any decisions made. Since the delay was not granted, the court considered the citizen's basic rights had not been respected, and annulled the municipality's decision.
The farmer would not, however, be entitled to a procedural indemnity of € 5,000.
