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