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Favonius AB

Country/Territory
Sweden
Type of court
National - higher court
Date
Mar 5, 2009
Source
UNEP, InforMEA
Court name
Miljööverdomstolen
Seat of court
Stockholm
Reference number
M294-08
Language
Swedish
Subject
Energy
Keyword
Sustainable development
Abstract

The case concerned an application for a permit to construct and operate a wind farm in Kattegatt outside of Falkenberg.

The Environmental Court of Appeal stated that a transition to renewable energy sources is necessary in order to reach the targets for sustainable development. Extending the use of wind power is one important tool in this transition. However, the Court noted, that such development must also be weighed against other factors, such as the need to protect biological diversity. It is also necessary to disturb an area, which is important for fisheries and for the protection of threatened cod stocks.

Many sources support the assessment that the situation for the cod stock is critical. The Environmental Court of Appeal also stated that it is so far unclear how a wind park of this size could affect the fish stocks. Some of the opponents therefore meant that the precautionary principle should be applied and the permit not be granted.

Lastly, the Environmental Court of Appeal stated that the company had not shown that the area where it had sought a permit was the location where the purpose could be attained with the smallest possible nuisance for human health and the environment. The application was therefore rejected.

Full text
M294-08.pdf