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Järfälla retaining Wall

Country/Territory
Sweden
Type of court
National - higher court
Date
Jan 12, 2012
Source
UNEP, InforMEA
Court name
Mark- och miljööverdomstolen
Seat of court
Stockholm
Reference number
M4344-10
Language
Swedish
Subject
Waste & hazardous substances, Land & soil
Abstract

An individual had built a retaining wall of sleepers treated with creosote.  A neighbour complained to the County Administrative Board, which ordered the property owner to demolish the retaining wall. The case was then appealed up to the Land and Environment Court of Appeal.

Before the Land and Environment Court of Appeal, the question was whether or not the Reach Directive, which prohibits the use of creosote for treatment of wood and selling wood treated with creosote, is applicable to already existing structures. The Land and Environment Court of Appeal concluded that it was not the purpose of the Reach Directive to order the demolition of already existing structures using wood treated with creosote.

Moreover, the Land and Environment Court of Appeal considered whether the provisions in chapter 2 of the Environmental Code contained any provisions supporting the order. The Court concluded that the retaining wall had given rise to a limited increase in the amount of PAHs (Polycyclic aromatic hydrocarbon) in the ground. The amounts were not high in comparison to the normal levels in cities and it could not be proved that the increase was caused by the retaining wall. Thus, the Land and Environment Court of Appeal did not find it reasonable to order the property owner to demolish the retaining wall.

Full text
M4344-10.pdf