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HH-Ferries AB and Sundbusserne A/S

Country/Territory
Sweden
Type of court
National - higher court
Date
May 24, 2006
Source
UNEP, InforMEA
Court name
Miljööverdomstolen
Seat of court
Stockholm
Reference number
M8471-03
Language
Swedish
Subject
Air & atmosphere
Abstract

A local environmental council had recognised the possible environmental harm from emissions of nitrogen oxides that threatened to exceed the environmental quality standards. A substantial sources of the nitrogen oxides were emissions ship engines and the local environmental council therefore resolved to issue injunctions for a number of ship owners to install Selective Catalytic Reduction systems on their ships. The ships affected were flying both Swedish and foreign flags.

When appealed to the Environmental Court, the injunction was judged unlawful. The Environmental Court of Appeal on the other hand made a different assessment and saw the injunction as lawful and justified.

The Environmental Court of Appeal, unlike the previous instances, argued that the local environmental councils have an obligation to make sure that environmental legislation is respected, not only with regards to traditionally environmentally hazardous activities, but also other activities that could potentially harm the environment.

Moreover, the Environmental Court of Appeal came to the conclusion that international law did not preclude the use of legal remedies to ensure that foreign vessels follow the environmental law of the coastal state. It also concluded that the existence of a law on measures against pollution from vessels did not preclude the application of more strict rules derived from the Environmental Code.

Lastly, the Environmental Court of Appeal stated that the Local Environmental Council could issue injunctions even though the Swedish Maritime Administration was the main regulatory authority on the subject of ship-source pollution.

Full text
M8471-03.pdf