File 5G // Court of Arnhem declares the appeal of a resident from Haarlo in Gelderland against the placement of a 5G antenna well-founded. Breakthrough in case law on radiation risks

(Auto-translated from Dutch)

EUROPEAN MULTILATERAL LAW SERVICE GROUP

25-12-2020 08:17 AM
NETHERLANDS – Arnhem District Court declares appeal by resident from Haarlo (Municipality of Berkelland) against placement of 5G antenna well-founded. She should be regarded as an interested party. In this case, it concerns an environmental permit for an antenna mast. In the opinion of the court, considering all arguments, with reference to scientific literature, it cannot be ruled out that there are increased health risks even at a field strength lower than 1 V / m, and thus also in the plaintiff’s case. The court therefore considers the claimant to be an interested party and declares the appeal well-founded. The Municipality of Berkelland will again have to decide on the notice of objection and in the decision that must then be taken on the basis of legal consequences, the Court’s finding that it is important that a body such as the NL Health Council essentially confirms in its latest report that it must be taken into account that with 5G it is not yet clear what health effects occur and also that there may be links between electromagnetic radiation and certain diseases. The NL Health Council also points to the relationship between exposure to radiation and certain biological processes.

Source: Overheid.NL

Verdict:

Decision

The court:

  • declares the appeal well-founded.
  • annuls the contested decision;
  • instructs the defendant to take a new decision on the objection within 12 weeks after the day on which this decision was sent, taking this decision into account;
  • orders the defendant to pay the plaintiff’s legal costs up to an amount of € 1,050;
  • orders the respondent to reimburse the plaintiff the paid court fee of € 174.

https://linkeddata.overheid.nl/front/portal/document-viewer?ext-id=ECLI:NL:RBGEL:2020:6699

Read more:

https://emls.webnode.nl/news/dossier-g5-rechtbank-te-arnhem-verklaart-beroep-tegen-plaatsing-5g-antenne-gegrond/

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