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Clifford Chance

Clifford Chance


The Constitutional Court upholds the COBRACE car park capacity threshold

28 November 2014

On 2 May 2013, the Brussels Parliament approved the Brussels Code on Air, Climate and Energy Management (COBRACE). The COBRACE provides various measures to improve air quality and energy efficiency of buildings and to protect the climate. As part of these measures, the COBRACE provides maximum capacity thresholds for the car parks of both new and existing office buildings in Brussels.

The Belgian association of real estate professionals ("UPSI") and the Belgian car parks federation have challenged the COBRACE thresholds before the Belgian Constitutional Court arguing, amongst others, that the thresholds breach the equal treatment principle and car park owners' property rights. In a ruling dated 27 November 2014, the Constitutional Court rejected all arguments that were raised by the plaintiffs and decided that to uphold the COBRACE thresholds.

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