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Blankaströms kraftverk

Country/Territory
Sweden
Type of court
National - higher court
Date
Oct 16, 2013
Source
UNEP, InforMEA
Court name
Mark- och miljööverdomstolen
Seat of court
Stockholm
Reference number
M 632-13
Language
Swedish
Subject
Energy, Water
Abstract

The case concerned a permit for the reconstruction and operation of a power plant in accordance with the Environmental Code.

The Land and Environment Court had previously rejected the application for a permit to increase the efficiency of the power plant, and the appellant, E.ON Vattenkraft Sverige AB, appealed the case. The court motivated this decision by stating that it was necessary to test the legality of the current management of the power plant before permitting further measures. It was also stated that the appellant had not sought to have their previous operations declared legal.

The Land and Environment Court of Appeal affirmed the judgment by the Land and Environment Court even though the appellant meant that they had aquired a permit for the power plant already in 1889. The Court however, maintained that this permit only allowed for the construction of a dam and related water works and did not include the construction of the power plant.

As an installation that had been constructed before the coming into force of the Environmental Code, the appellant first had to have the current power plant declared legal.

Full text
M 632-13.pdf