5. Our advice

5.1 Defend yourself by invoking pre-occupation

The operator's main defence in pollution cases arises from the victim's establishment in the vicinity of the property causing the pollution, after the latter has been built or the activity it houses has been put into service (article L. 112-16 of Code de la construction et de l’habitation ). The victim is then deemed to have accepted the inconvenience complained of.

The principle is that damage caused to the occupants of a building by nuisance caused by agricultural, industrial, craft or commercial activities does not give rise to a right to compensation when the victim moved...