Walden Avocats interviewed by Les Échos on the protection of species in the context of infrastructure projects.
Following a complaint lodged by environmental protection associations, the Toulouse Administrative Court revoked the environmental permits for the A69 and A680 motorway projects in a ruling dated 27 February 2025.
The Toulouse magistrates ruled that the exemption from the ban on the destruction of protected species, granted by the prefects of Haute-Garonne and Tarn for the implementation of these projects, was not justified by an overriding reason of major public interest under the Environment Code. The expected benefits, such as opening up the Castres-Mazamet basin, improving safety, and reducing journey times, were deemed insufficient to legally justify such an exemption.
When asked by Les Echos to analyse the scope of the ruling, Paul Peyret stated that “regardless of one’s opinion, this decision must be acknowledged as courageous. It shows that administrative justice is genuinely independent”.
This ruling adds to the extensive existing body of case law concerning the necessity and conditions for obtaining exemptions for protected species in the context of infrastructure projects. The Ministry of Territorial Planning and Ecological Transition has announced that it will appeal against the ruling and request a stay of execution, meaning that the decision is not final.
Link to the article (subscriber only): A69 : un tournant pour le droit de l’environnement | Les Echos
Link to the jurisdiction’s press release: A69 : le projet autoroutier est annulé faute de nécessité impérieuse à le réaliser – Tribunal administratif de Toulouse
